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COMPILATION 

OF THE PUBLIC SCHOOL LAWS 

OF NEW MEXICO 

1915 



CONTAINING SECTIONS 4807-5177 OF THE 1915 CODIFICATION OF 

THE NEW MEXICO STATUTES (ANNOTATED) EELATING TO 

SCHOOLS, SCHOOL DISTEICTS AND STATE INSTITUTIONS; 

CHAPTERS 19, 29, 33, 36, 38, 45, 74, 79, 81, 82, "^^^ AND 89 

OF THE SESSION LAWS OF 1915; AND EXTRACTS 

FROM THE STATE CONSTITUTION RELATING 

TO EDUCATION. 




PREPARED UNlflBR THg^IRECTION OF 




ALVAN N. WHITE 

STATE SUPERINTENDENT PUBLIC INSTRUCTION, 
SANTA FE, N. M. 



THE W. H. COURTRIGHT PUBLISHING CO., 
DENVER, COLORADO, 
1916. 



COMPILATION 

OF THE PUBLIC SCHOOL LAWS 

OF NEW MEXICO 

1915 

8/- 



CONTAINING SECTIONS 4807-5177 OP THE 1915 CODIFICATION OF 

THE NEW MEXICO STATUTES (ANNOTATED) RELATING TO 

SCHOOLS, SCHOOL DISTEICTS AND STATE INSTITUTIONS; 

CHAPTERS 19, 29, 33, 86, 38, 45, 74, 79, 81, 83, 88, AND 89 

OP THE SESSION LAWS OP 1915; AND EXTRACTS 

PROM THE STATE CONSTITUTION RELATING 

TO EDUCATION. 



PREPARED UNDER THE DIRECTION OF 

ALVAN N. WHITE 

STATE SUPERINTENDENT PUBLIC INSTRUCTION, 
SANTA PE, N. M. 



THE W. H. COURTRIGHT PUBLISHING CO., 
DENVER, COLORADO. 
1916. 






THIS VOLUME 

IS 

STATE PROPERTY 

And is for the use of 

ot. School District No 

County of , State of New Mexico. 



School officers on retiring from office are required by law to deliver this 
volume, with all other books and documents of an official character, to their suc- 
cessors in office. 



1 ^< r • 



^^/:a::;v:;: J A 



Copyright, 1915 

By 

w. h. courtright 



TABLE OF CONTENTS 



Page 

Preface '^ 

Schools and School Districts, Chapter 99 7 

State Board of Education, Article I '<' 

State Superintendent of Public Instruction, Article II 12 

County School Superintendents, Article III 1-5 

School Districts and District Schools, Article IV 17 

In Cities and Towns, Article Y 34 

School Houses — Bond Issue — Property, Article VI 29 

School Funds, Article VII 38 

Teachers, Article VIII 43 

Compulsory attendance. Article IX 45 

County High Schools, Article X 46 

Normal Schools, Article XI 49 

Military Institute, Article XII 52 

Correspondence Schools, Article XIII 54 

State Fair, Chapter 100 55 

State Institutions, Chapter 101 - .58 

Penitentiary, Article 1 58 

New Mexico Insane Asylum, Article II . . ; ^3 

New Mexico Institute for Deaf and Dumb, Article III 76 

New Mexico Institute for the Blind, Article III 76 

Miners' Hospital, Article III , 76 

Eeform School, Article III 76 

Orphans' Home, Article IV 80 

University of New Mexico, Article V 81 

New Mexico College of Agriculture and Mechanic Arts, Article VI ... . 83 

New Mexico School of Mines, Article VII 86 

Provisions applicable to more than one Institution, Article VIII 88 

Provisions applicable to the University of New Mexico, New Mexico Col- 
lege of Agriculture and Mechanic Arts and the New Mexico Insane 

Asylum,^ Article IX 91 

An act to amend an act entitled "An act to establish a museum for the Ter- 
ritory of New Mexico, and for other purposes," Approved February 19th, 

1909, Ch. 19 ' 94 

An act to provide for the maintenance of the co-operative Agricultural Exten- 
sion Work, provided for in the Act of Congress Entitled "An act to provide 
for co-operative Agricultural Extension Work between the Agricultural 
Colleges in the several States receiving the benefits of an act of Congress 
approved July second, one thousand eight hundred. and sixty-two and all 
acts supplementary thereto and the United States Department of Agri- 
culture," approved May 8, 1914, Ch. 29 95 

An act for the compulsory education of the blind, Ch. 33 96 

An act relative to orphan and indigent children, Ch. 36 97 

An act to amend section 3 of Chapter 119 of the session laws of 1909 relative 
to the distribution and application of moneys received from the United 

States as income from forest reserves, Ch. 38 98 

An act appropriating funds to pay railroad fares of certain students in the 

normal schools, Ch. 45 98 

381728 



TABLE OF CONTENTS 

An act limiting the amount that may be raised by tax levies by counties, 

cities, towns and village school districts, Ch. 74 99 

An act regarding revenues for public schools and repealing an act of the second 
state legislature, approved February 10, 1915, entitled "An act regarding 
revenue for public schools increasing the School term from five to seven 

months and repealing chapter 51 of the Laws of 1912, Ch. 79 99 

An act relating to the certification of teachers and repealing section 3 and 4, 

chapter 97, laws of 1907, Ch. 81 102 

An act relative to the state board of education and repealing section 1 of 
chapter 97 of the laws of 1907 and section 4 of chapter 121 of the laws of 

1909, Ch. 82 103 

An act concerning the teaching of Spanish in the public schools, Ch. 88 104 

An act entitled an act to provide for the training of teachers for rural dis- 
tricts, and to provide funds therefor, Ch. 89 104 

Holidays, 2726, 2727, 2728 107 

Vaccination, 4616, 4617, 4618, 4619 108 

Constitution, Extracts from — 

Executive Department, Art V 109 

Elective Franchise, Art. VII 109 

Taxation and Eevenue, Art. VIII 109 

State, County and Municipal Indebtedness, Art. IX 109 

Education, Art XII 110 

Public Lands, Art. XIII Ill 

Agriculture and conservation. Art. XV Ill 

Miscellaneous, Art. XX Ill 

Compact with the United States, Art. XXI Ill 

Index 113 



PREFACE 

' It has been the effort of the department for some years to have prepared 
a code of public instruction. This we now have for all practical purposes 
in the present volume. Sections 4807-5177 have been taken bodily from the 
1915 Codification of the New Mexico Statutes covering all the school laws in 
force up to the last session of the state legislature. To this codification of the 
school laws we have added the laws passed by the 1915 session of the state legis- 
lature and extracts from the state constitution which relate to education. You will 
find the annotations and cross references of the greatest value. 

In this volume, we have included all laws relating not only to public elemen- 
tary and high schools, but also the laws relating to state institutions. Of course, 
the state educational institutions are the University of New Mexico, the New 
Mexico College of Agriculture and Mechanic Arts, the New Mexico School of 
Mines, the New Mexico Normal School, the New Mexico Normal University, the 
New Mexico Military Institute, the Spanish-American Normal School, the Insti- 
tute for the Blind, and the School for Deaf Mutes, but we have included, also, 
other state institutions as the laws governing them all overlap to a considerable 
extent. 

All references in the Table of Contents and in the Index are to page and 
section of the part taken from the Codification, to page, chapter and section of 
laws passed by the last legislature, and to page, article and section of the extracts 
from the State Constitution. 

It is my purpose to issue, within the next few months, a Directors' Guide 
which will give various suggestions based upon the school laws found in this com- 
pilation and contain other helps in the administration of the schools including the 
forms necessary in such administration. Under the authority vested in the State 
Superintendent of Public Instruction, I shall be glad to give opinions promptly 
upon any legal question which may be brought to my attention. 

ALVAN N. WHITE, 
State Superintendent of Public Instruction. 
Dec. 1, 1915. 



CHAPTER XOIX. 

SCHOOLS AND SCHOOL DISTRICTS. 

Articl© 

I. State Board of Education— Sections 4807 to 4821. 

II. State Superintendent of Public Instruction— Sections 4822 to 4831. 

III. County school superintendents — Sections 4832 to 4839. 

IV. School districts and district schools — Sections 4840 to 4866. 

V. In cities and towns— Sections 4867 to 4895. 

VI. School houses — Bond issues — Property — Sections 4896 to 4930. 

VII. School funds— Sections 4931 to 4947. 

VIII. Teachers— Sections 4948 to 4959. 

IX. Compulsory attendance — Sections 4960 to 4962. 

X. County high schools— Sections 4963 to 4973. 

XI. Normal schools— Sections 4974 to 4987. 

XII. Military institute— Sections 4988 to 4999. 

XIII. Correspondence schools — Sections 5000 to 5004. 

ARTICLE I. STATE BOARD OF EDUCATION. 

Section 

4807 Organization and compensation. 

4808 Term of office. 

4809 General powers. 

4810 County teachers' certificates. 

4811 State teachers' certificates. 

4812 Temporary permits to teach. 

4813 Teachers' institutes. 

4814 Revoking certificates. 

4815 Legally qualified teacher. 

4816 Text books. 

4817 Business colleges — Powers of board. 

4818 Domestic science and manual training. 

4819 State director of industrial education — Appointment — Duties. 

4820 State director of industrial education — Compensation. 

4821 State director of industrial education — Traveling expenses. 

§ 4807. Organization and compensation. 

Section 1. The State Board of Education shall meet at the office of the 
superintendent of public instruction four times a year, at such times as it may 
elect, and such other times upon the call of the governor or a majority of its mem- 
bers, as the public business may require. The governor shall be president of said 
board, but in his absence the board may elect a presiding officer pro tempore. 

The members of the board of education shall receive ten (10c) cents per mile 
for attending each meeting of the said board, counting one way from their place 
of residence to its place of meeting, and two and one-half ($2.50) dollars a day 
for each session thereof. This mileage and per diem shall be paid to the members 
of said board of education by the State treasurer upon the order of the State auditor 
out of the funds arising from the rental of the common school lands of the State. 

Act of Mar. 21, '07; L. '07, C. 97, § 1, as amended by L. '09, C. 121, § 4. 

Repealed L. '15, C. 82, § 4, Appendix. 

§ 4808. Term of office. 

Sec. 2. The term of office of the members of the State Board of Educa- 
tion shall be four years, and until their successors qualify. 

Act of June 8, '12; L. '12, C. 37, § 1. 

§ 4809. General powers. 

Sec. 3. The State board of education shall have power to grant, renew 
and revoke teachers' certificates, to adopt a series of text books and a uniform 

(7) 



V • '-i^'i K/' 



§ m(>,'i|JV-:^:y^l^ 



ScAooLB Ain> School Districts 8 



course of study for the various public schools of the State, to exercise a gen- 
eral control over teachers' institutes, and to perform such other duties pertaining 
to matters of education as may be provided by law. 

Act of Mar. 21, '07; L. '07, C. 97, § 2. 

§ 4810. County teachers* certificates. 

Sec. 4. The State Board of Education is hereby empowered to issue 
three grades of county teachers' certificates, to be known as first grade, second 
grade and third grades respectively. The certificates shall be issued by said board 
of education upon examination in such subjects as it may elect, or upon the appli- 
cants' presenting grades in the subjects as required by said board from any of the 
educational institutions of the State. The said examination shall be held at 
such times, at such places, and in such manner as said board deems most expedient. 
The examination for county teachers' certificates shall be conducted by the county 
superintendent under such rules and regulations as such board of education may 
prescribe. Upon the close of the examination the county superintendent shall 
forward the papers of the applicants to the superintendent of public instruction, 
who shall grade them, or cause them to be graded. The superintendent of public 
instruction is hereby authorized to employ such person or persons to assist him in 
grading the papers of applicants as he may judge competent. To pay the service 
of such person or persons eight hundred ($800.00) dollars is hereby set aside 
annually, or so much thereof as is necessary, out of the funds arising from the 
rental of common school lands of the State. The State auditor shall pay such 
persons for their services upon presenting receipted bills approved by the super- 
intendent of public instruction. Holders of county certificates shall be entitled 
to teach in any school district, independent district, incorporated town, city 
or village of the State. A third grade certificate entitles the holder thereof to 
teach for one year, second grade two years, and first grade, three years, respectively. 
All certificates shall be void at the expiration of the term for which they were 
issued. The county superintendents are hereby authorized to renew first grade 
county teachers' certificates once only without a formal examination: Provided, 
Evidence is shown of successful experience in teaching and faithful attendance to 
duty; Provided, further, That no such renewal shall be made by the county super- 
intendent without the consent of the superintendent of public instruction. Boards 
of education of incorporated cities may issue teachers' certificates for such period 
of time and under such regulations as they may prescribe, but such certificates 
shall be valid only in the city whose board issues them. 

Act of Mar. 21, '07; L. '07, C. 97, § 3. 

Repealed L. '15, C. 81, § 3, Appendix. 

§ 4811. State teachers' certificates. 

Sec. 5. The State Board of Education is hereby authorized to issue State 
teachers' professional certificates to persons whom it may deem qualified by rea- 
son of moral character, academic scholarship, knowledge of the theory and 
art of teaching and actual practice in teaching. Holders of the certificates who 
possess a certificate of attendance upon some county normal institute or summer 
school as provided by law, shall be entitled, without further examination, 
to teach in any of the public schools of New Mexico for tlie period of time desig- 
nated therein. 

The State Board of Education is empowered to officially endorse teachers' 
certificates granted in States and Territories, under such rules as it may prescribe; 
and to grant certificates of the first, second, and third grade to persons who have 
completed specified courses, approved by the State Board of Education, in New 
Mexico State educational institutions or other schools designated by said board; 
Provided, That upon graduation from St. Michael's College, located at Santa Fe, 
the holder of a diploma from the full course of study given by said institution 



9 Schools and School Districts ' § 4812 

shall be entitled to a county first grade certificate, which shall be recognized in all 
counties of the State as a legal certificate for the period of time designated therein. 

Act of Mar. 21, '07; L. '07, C. 97, § 4. 

Bepealed L. ^5, C. 81, § 3, Appendix. 

§ 4812. Temporary permits to teach. 

Sec. 6. The superintendent of public instruction is hereby authorized to 
issue, pending the regular examination of teachers, permits to teach in the public 
schools of the State, to persons whose credentials as to ability and experience 
in teaching properly certified to are deemed sufiicient to meet the requirements of 
the law, and such temporary permits shall expire upon the first day of the next 
succeeding examination of teachers. County school superintendents shall have like 
authority in their respective counties, and certificates so issued by county school 
superintendents shall be good only in the county where issued, and shall not be 
issued twice in succession to the same person, and shall expire at the next exam- 
ination of teachers in the said county. 

Act of Mar. 21, '07; L. '07, C. 97, § 5. 

§ 4813. Teachers' institutes. 

Sec. 7. The county superintendents of public schools shall hold annually in 
their respective counties, for a term of not less than two weeks, a teachers' institute 
for the instruction of teachers and those desiring to teach. The county superin- 
tendents of the public schools with the advice and consent of the superintendent 
of public instruction, shall determine the time and place of holding such insti- 
tutes, and shall select conductors and instructors for the same, and provide for 
the compensation thereof. No person shall be selected or shall serve as con- 
ductor or instructor who does not hold a certificate from the State Board of Edu- 
cation authorizing him or her to do so. It shall be compulsory upon all per- 
sons who expect to teach in any school district, independent district or incorporated 
town, city or village, to attend at least two weeks of the county institute or to 
show a certificate of attendance upon some county institute or summer school 
approved by the superintendent of public instruction held within the year. Teach- 
ers who hold a third grade county certificate or a permit to teach, and who have 
taught at least three months of school during the twelve months previous to the 
time of holding any county institute, may, upon attendance upon a county in- 
stitute for a full term of four weeks receive the sum of fifteen dollars ($15) from 
the treasurer of the State, upon the order of the State Auditor of the funds 
arising from the rental or sale of the common school lands of the State, upon 
presenting to the State Auditor a certificate from the county school superin- 
tendent of the county in which the institute is held, and signed by the insti- 
tute conductor and the State Superintendent of Public Instruction, certify- 
ing that said teacher has complied with the provisions of this section; and such 
teachers are also exempt from the institute fees otherwise required. The State 
board of education is hereby forbidden to issue a certificate to any person who 
refuses to comply with said provisions; Provided, Any person, or persons, who 
fail to so attend by reason of sickness or good and suificient excuse rendered 
to the county superintendent and approved by him and by the superintendent 
of public instruction, may be excused from such attendance. Provided, further. 
The State Board of Education is hereby empowered to excuse such persons from 
attending the county teachers' institute as in its judgment it deems eminently 
qualified to teach by reason of their professional scholarship and training, and 
that nothing herein contained shall make it compulsory for cities which engage 
a city superintendent of schools who gives at least half of his time to direct super- 
vision to hold such institutes. 

The State Board of Education is hereby empowered to issue a course of 
study for teachers' institutes. Authority is hereby conferred upon the superin- 
tendent of public instruction to authorize the county superintendent in any county 



§ 4814 Schools and School Districts 10 

wherein the conditions are such as to make it expedient to do so, to hold joint 
county teachers' institutes at such place as may be most convenient to all parties 
concerned, and when such power is delegated to a county superintendent, the ex- 
pense of any such institute shall be divided equitably by the county superin- 
tendents, subject to the approval of the superintendent of public instruction, 
among the counties participating therein. 

For the purpose of meeting the expenses of the county teachers' institutes, 
county treasurers of class "A" shall set apart annually from the general school 
funds of their respective counties not less than one hundred ($100.00) dollars; 
in counties of class "B" not less than seventy-five ($75.00) dollars for such pur- 
pose; in counties of classes "C," 'D" and "E" not less than fifty ($50.00) dollars 
for such purpose; Provided, That in counties where an institute is held for a 
full term of four weeks the county treasurer shall set aside at least fifty dollars 
($50.00) more than that already provided for institute purposes. But the legiti- 
mate expenses incidental to conducting examinations ordered by the State Board 
of Education shall be considered as expenses incurred in connection with the 
teachers' institute: Provided, That the State Board of Education shall have the 
power to waive the holding of any county normal institute in counties where 
authorized summer schools are held and in counties adjacent thereto. At each 
session of the teachers' institute the county superintendent, upon the advice and 
consent of the superintendent of public instruction shall collect from each per- 
son in attendance a fee of not less than one ($1.00) dollar and not more than 
three ($3.00) dollars. The money thus collected and set apart shall be known 
as the "County Teachers' Institute Fund," and the county treasurer shall be its 
custodian, but he shall not receive any of it for his services in receiving or as 
such custodian. All disbursements of the Teachers' Institute Fund shall be upon 
the order of the county superintendent, countersigned by the superintendent ol 
public instruction, and no order shall be drawn on said fund, except for services 
rendered and expenses actually incurred in connection with the teachers' institute. 

Act of Mar. 21, '07 ; L. '07, C. 97, § 6, as amended by L. '09, C. 121, § 5. 

Attendance upon a summer school is equivalent to attendance at a county in- 
stitute for the purposes of this section. Opinion Atty. Gen. 1909-12, § 28. 

§ 4814. Revoking certificates. 

Sec. 8. The State Board of Education is hereby empowered to revoke 
certificates of conductors and instructors of teachers' institutes, State teachers' 
professional certificates, county teachers' certificates, and city teachers' cer- 
tificates issued by boards of education, for incompetency, immorality of the holder, 
or for any cause that should have withheld the issue of such certificate ; Provided, 
That in each case the accused shall be allowed a full and fair hearing at which he 
may be privileged to employ the services of counsel. 

Act of Mar. 21, '07; L. '07, C. 97, § 7. 

§ 4815. Legally qualified teacher. 

Seo. 9. A legally qualified teacher to teach in any school district, incor- 
porated towTi, city, village, or independent district, shall be one who has been cer- 
tificated as prescribed in section 4813, and who possesses a certificate of attendance 
upon some county teachers' institute, or summer school, approved by the superin- 
tendent of public instruction, held within twelve months, or has an approved 
excuse for non-attendance; or one who holds a legal permit to teach in this 
State. Any county superintendent, member of a board of school directors, 
member of a board of education, county treasurer, or other person, who shall 
directly or indirectly cause the public school funds to be paid for teachers' services 
to any other person than a legally qualified teacher shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined in the sum of not less than 
one hundred ($100) dollars nor more than five hundred ($500) dollars for each 



11 Schools and School Districts § 4816 

and every offense, and may be removed from office in the manner provided by 
law. 

Act of Mar. 21, '07; L. '07, C. 97, § 8. 

§ 4816. Text books. 

Sec. 10. The State Board of Education shall have, and is hereby vested 
with full power to adopt a system of school books for the use of the public schools 
of the State, and only the school books so adopted by said board shall be used 
in any of the first eight grades of the public schools of this State. The board 
of education shall have power to contract with the publisher or publishers of text 
books adopted for use in the public schools of New Mexico, in the name of the 
State and through the superintendent of public instruction for the purchase 
and delivery of said books under such regulations as the board may adopt. 

If the State Board of Education, the superintendent of public instruction, 
any county superintendent, or any board of school directors, or board of education 
in this State shall knowingly permit, in any of the first eight grades of the pub- 
lic schools of this State, the use of any text book or books other than such as 
are adopted by the State Board of Education, upon conviction thereof, the per- 
son or persons convicted shall be punished by a fine of not less than ten ($10.00) 
dollars nor more than one hundred ($100.00) dollars; Provided, That nothing 
herein contained shall prevent the use of text books, approved by the State Board 
of Education or the superintendent of public instruction, supplementary to the 
regularly adopted text books. 

Act of Mar. 21, '07; L. '07, C. 97, § 9. 

§ 4817. Business colleges — Powers of board. 

Sec. 11. That the State Board of Education be and the same is hereby au- 
thorized and empowered to adopt a standard of efficiency for business colleges and 
commercial departments of other schools, to issue certificates of recognition to 
such schools as meet the required standard and to issue permits as hereinafter 
provided. 

Act of Mar. 1.5, '13; L. '13, C. 77, § 1. 

§ 4818. Domestic science and manual training. 

Sec. 12. That the State Board of Education is hereby empowered to pre- 
scribe and adopt a course of study in industrial education, including domestic 
science, manual training and agriculture, and make such necessary rules and 
regulations for its teaching in the public schools. In the preparation of the in- 
stitute manuals for the coming year, the State Board of Education may include 
a course of study in industrial education and may require all teachers attending 
County Institutes and summer Normal Schools to pass an examination in one or 
more of the branches of industrial education. 

Act of June 10, '12; L. '12, C. 52, § 1. 

§ 4819. State director of industrial education — Appointment — Duties. 

Sec. 13. That the State Superintendent of Public Instruction is hereby 
empowered and directed to appoint a State Director of Industrial Education, who 
shall be proficient in the several branches of such education, and who shall, under 
the direction and supervision of the State Superintendent, have the general charge 
of the introduction and keeping of industrial education in such of its branches 
and in such of the public schools of the state as shall be deemed advisable by the 
State Superintendent and the said Director of Industrial Education, and the said 
Director shall perform such other duties as may be prescribed by the State Super- 
intendent. 

Act of June 10, '12; L. '12, C. 52, § 2. 



§ 4820 Schools and School Districts 12 

§ 4820. State director of industrial education — Compensation. 

Sec. 14. That said Director of Industrial Education shall receive an annual 
salary of one thousand dollars, payable in like manner as is provided for the pay- 
ment of the salary of the State Superintendent of Public Instruction, and shall 
further receive as a part of the salary of said office the sum of thirty dollars 
from all counties of class "A," the sum of twenty-five dollars from all coun- 
ties of class "B" and the sum of twenty dollars from all counties of class "C," 
'T)" and "B/* said above sums to be set apart by each of the county treasurers in 
like manner as county institute funds are now provided to be set aside and under 
like conditions; provided, the said county sums are only to be paid said State 
Director of Industrial Education by said County Treasurer, upon said Director's 
visiting and instructing in the various counties in industrial education. 
Act of June 10, '12; L. '12, C. 52, § 3. 

§ 4821. State director of industrial education — Traveling expenses. 

Sec. 15. That, to the end that said Director of Industrial Education may 
visit the public schools so far as possible, make investigation of school conditions 
and report same to the State Superintendent of Public Instruction, together with 
recommendations as to the introduction and teaching of industrial education, an 
annual appropriation of Six Hundred Dollars, or such part thereof as may be 
required, is hereby made for traveling expenses in visiting schools and supervising 
the introduction and teaching of industrial education in said schools payable upon 
presentation of certified vouchers, duly approved by the State Superintendent of 
Public Instruction, and warrants drawn by the State Auditor upon the State 
Treasurer. 

Act of June 10, '12; L. '12, C. 52, § 4. 

ARTICLE II. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section 

4822 General powers and duties. 

4823 Visit rural schools, traveling expenses. 

4824 Blanks, school law, Lincoln Day program. 

4825 Annual report. 

4826 Secretary of the state board of education. 

4827 Assistant superintendent salary. 

4828 Location of office — Official acts certified. 

4829 Compilation of school laws — Biennial. 

4830 Compilation of school laws — Payment. v 

4831 Compilation of school laws — Distribution. 

§ 4822. General powers and duties. 

Sec. 16. The superintendent of public instruction shall have general super- 
vision of public education, and it shall be his duty to visit the State educa- 
tional institutions and to meet with governing boards of said institutions at least 
once in each year. He shall have supervision over rural schools, acting through 
the county superintendents, who shall be responsible to the superintendent of public 
instruction for faithful performance of their duty. He shall have such general 
supervision over city, town, and village schools as shall be necessary in harmoniz- 
ing and systematizing reports, and in securing uniform operation of the public 
school system. He is vested with general supervision over the official records 
and accounts of any school district, independent district, or those of any in- 
corporated city, town, or village, and may require correction thereof, when neces- 
sary, personally, or he may delegate this power to the county superintendent. He 
may suspend the county superintendent and institute, or cause to be instituted, 
proceedings in a court of competent jurisdiction for the purpose of bringing about 
the removal of said county superintendent in the manner prescribed by law, when 
he shall bo satisfied from sufficient evidence submitted to him that said county 
superintendent does not possess the qualifications required or perfoi'm his duties 
as prescribed by the State Board of Education. 



13 Schools and School Districts § 4823 

The superintendent of public instruction shall, at the request of any county 
school superintendent or other school officer, give his opinion upon a written state- 
ment of the facts on any question of controversy arising out of the interpretation 
and construction of school laws and shall keep a record of all such decisions. 

Upon giving any such opinion the superintendent may submit the statement 
of facts to the attorney general for his advice thereon. It shall be the duty of the 
attorney general forthwith, to examine such statements and suggest the proper 
decision to be made upon such facts. 

Act of Mar. 21, '07; L. '07, C. 97, § 11, as amended by L. '09, C. 121, § 6. 

§ 4823. Visit rural schools, traveling expenses. 

Sec. 17. It shall be the duty of the superintendent of public instruction 
to visit each county, as often as consistent with the discharge of his other duties, 
for the purpose of holding teachers' meetings, advising with county superin- 
tendents and school directors, and awakening an interest in the cause of educa- 
tion throughout the State. To this end an annual appropriation of seven hun- 
dred ($700.00) dollars, or such a part thereof as may be required, is made for 
traveling expenses, payable on presentation of certified vouchers and warrants 
drawn by the auditor upon the State treasurer. Said traveling expenses may be 
incurred by the assistant superintendent when acting under the direction of the 
superintendent of public instruction. Said superintendent shall file and care- 
fully preserve in his office the official reports made to him by the county super- 
intendents of the several counties, heads of the State educational institutions, 
and by trustees and directors of all schools of whatever nature within the State. 

Act of Mar. 21, '07; L. '07, C. 97, § 12. 

§ 4824. Blanks, school law, Lincoln Day program. 

Sec. 18. Said superintendent shall prescribe and cause to be prepared in 
English and Spanish all forms and blanks necessary in carrying out the details 
of the common school system, so as to secure its uniform operation throughout the 
State, and cause the same to be forwarded to the several county superintend- 
ents to be by them distributed to the several persons entitled to receive the 
same. He shall cause to be published, as needed, as many copies of the school 
laws in force, with such forms, decisions, annotations, regulations, and instructions 
as he may judge expedient thereto annexed, and shall cause the same to be for- 
warded to the county superintendent for distribution. It shall be the duty of the 
superintendent of public instruction to prepare a program of patriotic exercises 
for the proper observance of Lincoln Day, and to furnish printed copies of the same 
to the school directors and boards of education of various districts, cities, towns 
and villages, at least four weeks previous to the twelfth day of February in each 
year; he shall also prepare for the use of the school a printed program providing 
for a uniform salute to the flag. 

Act of Mar. 21, '07; L. '07, C. 97, § 13, as amended by L. '09, C. 121, § 7. 

§ 4825. Annual report. 

Sec. 19. The superintendent shall prepare and cause to be published annu- 
ally a report of all the common schools, academies, normal scliools, colleges, pri- 
vate and sectarian schools in the State, which report shall indicate the number 
and sex of all persons enrolled in the several schools; the value of the school 
property, and such other facts as he may deem expedient; the same to be drawn 
from the reports of the county superintendents and from the reports of school 
boards, boards of regents, and boards of trustees of the several institutions. 

Act of Mar. 21, '07; L. '07, C. 97, § 14. 



§ 4826 Schools and School Districts 14 

§ 4826. Secretary of the State board of education. 

Sec. 20. The superintendent of public instruction shall be secretary of the 
State Board of Education and shall keep faithful and correct records of its pro- 
ceedings, which records shall be kept open at all times for inspection. A copy 
of said record, certified by the secretary of the board, shall in all cases be received 
as evidence in the courts of, or elsewhere in. New Mexico. 

Act of Mar. 21, '07; L. '07, C. 97, § 15. 

§ 4827. Assistant superintendent salary. 

Sec. 21. The superintendent of public instruction is empowered to appoint 
an assistant superintendent of public instruction, who shall be thoroughly con- 
versant with the Spanish and English languages, and to revoke such appoint- 
ment at his discretion, and such assistant shall take the oath of office as provided 
by law, which, with his appointment, shall be filed with the Secretary of State. 
Said assistant shall receive a salary not to exceed fifteen hundred ($1500.00) 
dollars per annum, payable in like manner as is provided for the payment of the 
salary of the superintendent of public instruction. 

Act of Mar. 21, '07; L. '07, C. 97, § 16. 

§ 4828. Location of oflBce — Official acts certified. 

Sec. 22. The office of the superintendent of public instruction shall be at 
the seat of government where shall be kept all books and papers pertaining to the 
business of his office, and copies of all papers filed. His official acts may be cer- 
tified by him, and when so certified to shall be received in the courts of, or else- 
where in, New Mexico, as evidence equally and in like manner as the original 
papers, and he shall deliver to his successor within ten days after the expiration 
of his term, all books, papers, documents, and other property belonging to his 
office. 

Act of Mar. 21, '07; L. '07, C. 97. § 17. 

§ 4829. Compilation of school laws — Biennial. 

Sec. 23. That the superintendent of public instruction shall cause to have 
compiled, and biennially, shall cause to have printed two thousand copies in 
English and two thousand in Spanish, in pamphlet form, of all existing school 
laws of the State of New Mexico, and after each Legislature, if any laws shall 
have been enacted pertaining to schools he shall, in the first issue of said pam- 
phlets, thereafter, include any school laws that may have been enacted by any 
such future legislature. In the meaning of this section such pamphlets shall em- 
brace all such school laws in one copy. 

Act of Mar. 10, '03; L. '03, C. 28, § 1. 

§ 4830. Compilation of school laws — Payment. 

Sec. 24. The compilation, printing and distribution qt the pamphlets re- 
ferred to in the preceding section shall be paid for from any funds in the hands 
of the State treasurer arising from the rental or leasing of the common school 
lands, and for this purpose the State auditor is hereby directed and required to 
draw an order on the State treasurer in favor of the superintendent of public 
instruction for a sum not exceeding twelve hundred and fifty dollars ($1,250.00) : 
Provided, that such printing and binding shall be let to the lowest responsible 
bidder. 

Act of Mar. 10, '03; L. '03, C. 28, § 2, as amended by L. '09, C. 121. § 2. 

§ 4831. Compilation of school laws— Distribution. 

Sec. 25. It shall be the duty of the superintendent of public instruction, 
before the first day of August of each year, to forward a sufficient number of 
such pamphlets of compiled Bchool laws to the county superintendent of schools 



15 Schools and School Districts § 4832 

of the several counties of the State of New Mexico. It shall be the duty of 
the county superintendent to place a copy of said pamphlets in the hands of the 
chairman of the directors of public schools in each and every district of said 
county. 

Act of Mar. 10, '03; L. '03, C. 28, § 3. 

ARTICLE III. COUNTY SCHOOL SUPERINTENDENTS. 

Section 

4832 County superintendent, election, qualifications. 

4833 Oath and bond. 

4834 Powers and duties. 

4835 Attendance at office — Duties — Meetings of school directors. 

4836 Duty as to warrants — Census. 

4837 Apportionment of school funds. 

4838 Statistical reports. 

4839 Failure to make annual report. 

§ 4832. County superintendent, election, qualifications. 

Sec. 26. A county superintendent of schools for each county shall be elected 
at each general election, and shall enter upon the duties of his office on the first 
of January following his election. Said county superintendent shall hold office 
for two years, or until his successor shall have been duly elected and has qualified, 
unless sooner removed for cause. 

Act of Mar. 21, '07; L. '07, C. '97, § 18, as amended hy L. '09, C. 121, § 11. 

For qualification to hold office see Constitution Art, VII, § 2. 

§ 4833. Oath and bond. 

Sec. 27. Each county superintendent shall, before entering upon the dis- 
charge of the duties of his office, take and subscribe to the oath or affirmation as 
provided by law, which oath or affirmation shall be filed in the office of the county 
clerk. Within thirty days after receiving his certificate of election or appointment 
as provided in this article, he shall give a bond in the sum of two thousand ($2,000) 
dollars to be approved by and filed with the board of county commissioners of his 
county. 

Act of Mar. 21, '07; L. '07, C. 97, § 19. 

For oath of office see Constitution, Art. XX, Sec. 1. 

§ 4834. Powers and duties. 

Sec. 28. Subject to the supervision and direction of the superintendent of 
public instruction, the county superintendent of schools shall have jurisdiction 
over all public schools within his county, except those in cities, and such schools, 
including city schools, shall make such reports to the county superintendent and 
to the superintendent of public instruction as may be required by the Staie 
board of education. Each county superintendent shall visit each school within 
his county as often as the State Board of Education may prescribe. He shall 
supervise the methods of instruction employed in the various schools: consult with 
the school directors concerning the improvement of their schools and the keeping 
of their accounts; enforce compliance with the school laws; organize, disorganize, 
or change the boundaries of any school district, as provided by law; hold teachers' 
meetings for the advancement of the school interests of his county, and perform 
such other duties as are provided by law for county superintendents and such as 
the State Board of Education may prescribe. He shall also on the third Monday 
in January, x\pril, July, and October of each year, or as soon thereafter as he 
shall receive the certificate of the superintendent of public instruction signifying 
the amount appropriated to each county for tlie use of the common schools of 
the current year, apportion such amount, together with the county school fund 
for the same purpose, to the several districts within his county, in proportion to 



§ 4835 Schools and School Districts 16 

the number of school children residing in each over five and under twenty-one 
years of age, as the same shall appear from the last annual reports of the clerks 
of the respective school districts, and he shall immediately certify such apportion- 
ment to the directors of the respective school districts, and to the county treasurer 
of his county, who shall credit the several school districts on his books with the 
respective sums apportioned to them. Provided, That the county school superin- 
tendent is authorized to leave in the county school fund a sufficient amount to 
meet such warrants as may be legally drawn against this fund as elsewhere pro- 
vided by law. 

Act of Mar. 21, '07; L. '07, C. 97, § 20, as amended by L. '09, C. 121, § 8. 

§ 4835. Attendance at oflSce — Duties — Meetings of school directors. 

Sec. 29. The county superintendent is required to be in attendance at the 
county seat on the first Saturday in the months of August, September and Octo- 
ber and November for the transaction of official business. He is empowered to 
examine from time to time the records and account books of district directors 
outside of incorporated cities and towns and see to it that the same are properly 
kept, and it is made obligatory upon all such directors to meet at their accus- 
tomed place within the district at least once every thirty days during the school 
term for the transaction of public business. 

Act of Mar. 19, '03; L. '03, C. 119, § 11. 

§ 4836. Duty as to warrants — Census. 

Sec. 30. The county superintendent shall investigate the legality of all ac- 
counts as to whether the same have been legally incurred and allowed, before the 
fixing of his signature thereto, and he may reject any warrant issued by district 
school directors whenever he may deem such warrant to have been illegally issued. 

Act of Mar. 19, '03; L. '03, C. 119, § 12. 

§ 4837. Apportionment of school funds. 

Sec. 31. County superintendents shall quarterly, and within ten days after 
receiving notice that any school funds are at their demand, for apportionment to 
the several districts, properly make said apportionment and specifying the number 
of the district, the number of children of school age in each district and the 
amount of money apportioned thereto, and a copy of this apportionment report 
shall be filed within ten days thereafter in the office of the county clerk of the 
county, and he shall also supply a duplicate copy thereof to any newspaper printed 
within the county which will give publicity to the same free of charge as a matter 
of general information. 

Act of Mar. 19. '03; L. '03, C. 119, § 15. 

§ 4838. Statistical reports. 

Sec. 32. Tlie scholastic year for all schools and educational institutions of 
whatever nature in the State of New Mexico shall end June fifteen of each 
year. Within ten days after such date, the school directors of school districts, and 
the secretaries or clerks of the boards of education of town, village and city schools, 
located within each county shall file statistical reports with the county superin- 
tendent, containing such items of information as are required by law. On or 
before July fifteen of each year the county superintendents and the heads of the 
various educational institutions shall make their annual statistical reports to the 
superintendent of public instruction, and thirty days thereafter the superintendent 
of public instruction shall make his annual report to the Governor of the State. 

Act of Mar. 21, '07; L. '07, C. 97, § 24. 



17 Schools and School Districts § 4839 

§ 4839. Failure to make annual report. 

Sec. 33. Every county superintendent who shall wilfully neglect or refuse 
to make and deliver to the superintendent his annual report, as required by sec- 
tion 4838, within the time limited therefor, shall be liable on his bond for the full 
amount of money lost to the county by such neglect ^or refusal, with the interest 
thereon at twelve per centum per annum, to be recovered by the county treasurer 
in the name of the county, from the bondsmen of said superintendent. 

Act of Feb. 12, '91; L. '91, C. 25, § 15; C. L. '97, § 1528. 

ARTICLE IV. SCHOOL DISTRICTS AND DISTRICT SCHOOLS. 

Section 

4840 Creation and alteration of school districts. 

4841 New districts — Directors, how chosen — County superintendent — Annual report. 

4842 Location of school district — Boundary lines. 

4843 School districts continued — Subjects to be taught. 

4844 Corporate powers. 

4845 Sites for school houses. 

4846 Eminent domain. 

4847 Right to attend school. 

4848 Id.— Violation— Removal. 

4849 School month — School day. 

4850 Annual reports. 

4851 Warrants — Itemized statements required. 

4852 School directors— Oath — Election— Canvassing votes — Contest of election. 

4853 School directors — Terms. 

4854 Id. — Organization — ^Vacancies — Use of school houses. 

4855 Id, — Warrants — Duties. 

4856 School officers— Offenses by. 

4857 Census. 

4858 Census enumerators — False list. 

4859 Tuition. 

4860 Flag. 

4861 Displaying flag. 

4862 Flag day. 

4863 Alcoholic drinks and narcotics — Study of. 

4864 Alcoholic drinks and narcotics — Reform school — Institute. 

4865 Alcoholic drinks and narcotics — Failure to instruct concerning. 

4866 Alcoholic drinks and narcotics — Teachers' certificates. 

§ 4840. Creation and alteration of school districts. 

Sec. 34. Whenever it is desired that a new school district shall be formed, 
a petition and statement of facts signed by a majority of legal electors residing 
within the proposed district shall be presented to the county superintendent of 
schools. Said petition and statement shall contain such a description of the 
boundaries of said proposed district as will be sufficient to definitely locate it; it 
shall also contain the names and ages of all persons of school age who are actual 
residents of the proposed district. .. 

Whenever a new district has been created, at the next regular apportionment, 
the county superintendent shall apportion to it its share of the school fund as 
provided by law. 

No school district shall hereafter be created or divided unless there be at 
least twenty-five (25) children of school age in the new district and at least 
twenty-five (25) children of school age remaining in the district or each of the 
districts from which such district is taken; Provided, however. That a board of 
school directors may maintain more than one school in its district for the better 
accommodation of the patrons of said district. 

Upon the receipt of such petition and statement by the county superintendent, 
he shall create such new district, and shall assign to it a number or other proper 
designation. Provided, That the territory of a school district shall not be so re- 
duced as to make its bonded indebtedness exceed four (4%) per cent, of its as- 
sessed valuation. 



§ 4841 Schools and School Districts 18 

After paying all indebtedness of the old district that is chargeable to the 
common school fund, if any balance remains the comity superintendent shall 
divide the said balance between the old district and the new in proportion to the 
number of children of school age in each. All other resources such as school 
houses, proceeds from sale of bonds; also all similar indebtedness shall be divided 
between the old district and the new in proportion to the taxable property, ac- 
cording to the assessed value, in each. In making such adjustment, the superin- 
tendent, in co-operation with the board of county commissioners, of the county 
in which such districts are situated, is authorized to use such plans, or means, 
as will best subserve the mutual interests of the two districts, and their decision 
shall be final, subject to the right of appeal to the courts. 

The county superintendent shall consolidate school districts on the presenta- 
tion of separate petitions signed by the majority of electors residing in the 
respective districts affected; he shall also attach a territory to a district by change 
of boundary lines on the presentation of separate petitions signed by the majority 
of the electors residing in the respective territories affected; which petitions shall 
be prepared and submitted as hereinbefore described. 

\Vhenever the number of persons of school age within a school district has 
been reduced below 15 from causes over which the county superintendent does not 
have control and these conditions seem likely to remain permanent, said superin- 
tendent is empowered to disorganize such district and attach the territory to the 
school district or districts adjacent thereto. Provided, If said district at the time 
of disorganization is liable for bond issue or interest thereon, the board of county 
commissioners is authorized and required to make levy and order collections thereof 
on the property of said disorganized district for the purpose of meeting the pay- 
ment of said bonds and interest in a manner as provided for such purpose in the 
case of a regular school district. 

Appeal may be made from the decision of the county superintendent con- 
cerning the organization, disorganization, or change of boundary lines of a school 
district, to the board of county commissioners of the county in which the school 
district is located, and the decision of said board shall be final. 

Act of Mar. 21, '07; L. '07, C. 97, § 22. 

§ 4841. Nev/ districts — ^Directors, how chosen — County superintendent — An- 
nual report. 

Sec. 35. Whenever a school district shall be formed in any county, the 
county superintendent shall, within fifteen days thereafter, prepare and post a 
notice of the formation of such district, describing its boundaries and stating the 
number thereof, and appointing a time and place for the first district meeting 
to select school directors to act until the following election, at which one director 
shall be elected for one year, one for two years and one for three years; and he 
shall also furnish to the county clerk the description and boundaries of each school 
district as soon as practicable after the same is formed. Should there for any 
cause, be no meeting in the newly formed district to select school directors, then the 
county superintendent shall appoint school directors who shall act till their suc- 
cessors arc elected as provided by law. The county superintendent shall, on or 
before the 15th day of October of each year, make out and transmit in writing 
to the State superintendent, bearing date October 1st, a report containing a state- 
ment of the number of school districts in the county, the number, age and sex of 
children residing in each over five and under twenty-one years of age; the number 
of schools in the county; the length of time each school has been taught; the num- 
ber, age and sex of pupils attending the same; the number and sex of teachers 
employed, branches taught and text books used; the number of private or select 
schools or academies in the county as far as the same can be ascertained; the num- 
ber, age and sex of pupils and teachers employed and the branches taught; the 
amount of money raised by taxes and paid for teachers' salaries in addition to the 



19 Schools and School Districts § 4842 

amount of public money raised by tax or otherwise for the purpose of purchasing 
sites for school buildings, repairing and furnishing school houses, and such other 
information as the State superintendent may desire. 

Act of Mar. 21, '07; L. '07, C. 99, § 1. 

§ 4842. Location of school district — Boundary lines. 

Sec. 36. The boundary lines and comers of all school districts shall be ac- 
curately located by the county surveyor of each county at the request of the super- 
intendent, who shall prepare a map showing the districts as contemplated in Sec- 
tion 4905. The expense of such proceedings shall be charged to the county wherein 
the school district is situated and be allowed by the board of county commissioners 
at the discretion of said board not to exceed fifty ($50.00) dollars a school district. 

Act of Mar. 21, '07; L. '07, C. 97, § 23. 

§ 4843. School districts continued — Subjects to be taught. 

Sec. 37. There shall be established in each school district, one or more 
schools in which shall be taught orthography, reading, writing, arithmetic, gram- 
mar, geography, the English language, and the history of the United States. 

Act of Feb. 12, '91; L. '91, C. 25, § 16; C. L. '97, § 1529. 

§ 4844. Corporate pov/ers. 

Sec. 38. Each school district shall be a body corporate by the name and 

style of School District ^N'umber — • — , of the County of , and by such 

name may contract and be contracted with, sue and be sued, in any of the courts 
of this State having competent jurisdiction; and every such district shall hold, 
in the corporate name of the district, the title of lands and other property which 
may be required by said district for school purposes. 

Act of Feb. 12, '91; L. '91, C. 25, § 17; C. L. '97, § 1530. 

§ 4845. Sites for school houses. 

Sec. 39. It shall be lawful for any district to take and hold in its cor- 
porate name so much real estate as may be necessary for the location and con- 
struction of a school house and convenient schools: Provided, That the real 
estate so taken, otherwise than by consent of the owner, shall not exceed one acre. 
The site so taken must be situated on some public highway or thoroughfare. 

Act of Feb. 12, '91; L. '91, C. 25, § 39; C. L. '97, § 1552. 

§ 4846. Eminent domain. 

Sec. 40. If the owner of any such real estate refuse or neglect to grant 
the necessary site on his premises, then and in that case the directors m.ay acquire 
title to so much of said land as is necessary for school purposes, in the manner 
provided by law for the condem.nation of land for, railroads or other public 
purposes, and such land so taken shall be deemed to be taken for public use. 

Act of Feb. 12, '91; L. '91, C. 25, § 40; C. L. '97, § 1553. 

§ 4847. Right to attend school. 

Sec. 41. Pupils who are actual residents of a district shall be permitted to 
attend school in the same, regardless of the time when they acquire such residence, 
whether before or after the enrmieration. 

Any teacher, school directors or members of any board of education connected 
with the common schools in this State who shall refuse to receive any pupil at 
school on account of race or nationality the said pupil being entitled to attend 
school in said district as hereinbefore provided, shall be guilty of a misdemeanor 
and upon conviction before any justice of the peace or district court, shall be fined 
in a sum of not less than fifty dollars nor more than one hundred, and imprisoned 



§ 4848 Schools and School Districts 20 

in the county jail, for three months, and shall be forever barred from teaching 
school or to hold any office of honor or profit in this State. 

Act of Feb. 12, '91; L. '91, C. 25, § 43; C. L. '97, § 1556, as amended by Act of 
Mar. 21, '01; L. '01, C. 78, § 1. 

For right to attend school see Constitution, Art. XII, Sec. 10. 

§ 4848. Id.— Violation— Removal. 

Sec. 42. The county superintendent shall summarily remove from office or 
emplo3rment any person violating the provisions of the preceding section. 

Act of Mar. 21, '01; L. '01, C. 78, § 2. 

§ 4849. School month— School day. 

Sec. 43. The school month shall consist of four weeks of five days each, 
and a school day shall consist of six hours. 

Act of Feb. 12, '91; L. '91, C. 25, § 44; C. L. '97, § 1557. 

For school periods in cities and towns see Sec. 4876. 

§ 4850. Annual reports. 

Sec. 44. The clerks of the several rural districts, principals or superin- 
tendents of town or city schools shall, between the first day of June and the first 
day of July of each year, make a report to the county superintendent in writing, 
showing in detail the financial condition of the district, the amount of money 
received and from what source, including receipts from poll taxes, etc., district 
bonds or special levies, and the manner in which the same has been disbursed 
during the previous year, amount expended for repairs or improvements of school 
houses and grounds, whether rented or owned by the district, the value of all school 
property, amount of bonded indebtedness of district, status of interest fund, 
amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the 
number and sex of the school population and amount expended for books for in- 
digent children under section 4961, and failure to properly prepare and foi*ward 
said reports shall subject such clerk, principals or town or city superintendents 
to a fine of not more than one hundred dollars or imprisonment in the county 
jail not exceeding sixty days, and it shall be the duty of county superintendents 
to file information against such derelicts. 

Act of Mar. 19, '03; L. '03, C. 119, § 8. 

§ 4851. Warrants — Itemized statements required. 

Sec. 45. School directors serving in districts outside of incorporated towns 
or cities are required to accompany all vouchers or warrants presented for 
the signature of the county superintendent with itemized statements of account, 
and the county superintendent shall withhold his approval of all bills until such 
statements are provided. 

Act of Mar. 19, '03; L. '03, C. 119. § 9. 

§ 4852. School directors — Oath — Election — Canvassing votes — Contest of elec- 
tion. 

Sec. 46. On the second Monday of March of each year the directors serving 
at' that time shall post notices of an election to be held by them on the first Mon- 
day in April by the qualified voters for one school director. Only legal voters, 
residing in said district, shall be qualified to vote at said election; the votes shall 
be by written or printed ballots, and tlie election shall be held between the hours 
of eight A. M. and five p. m. on the first Monday of April, at the public school 
house or some other convenient place to be specified in said notice; the result of 
said election shall be certified by said directors to the county superintendent, and 
the term of office of said directors shall begin on the first Monday of May follow- 



21 Schools and School Districts § 4853 

ing their election. The directors so elected shall take and file with the county 
superintendent, before the first Monday of May, an oath which shall be administered 
by the directors serving, and in said oath shall be set forth the number of said 
school district. 

Any school director who shall fail to call the election and post the notices 
therefor or to correctly certify the result of such election as required in this section 
shall be deemed guilty of malfeasance in office and shall be disqualified from again 
holding said office by appointment or otherwise for a period of one year thereafter, 
and shall be fined not less than twenty-five dollars nor more than one hundred dol- 
lars, or imprisoned in the county jail, not less than twenty-five nor more than one 
hundred days. And it shall be the duty of the county school superintendent to 
make affidavit of the facts to the district judge or before any justice of the peace 
and to act as prosecuting witness against said director. The said school directors 
shall truly canvass the vote cast at the election and send the ballots to the county 
school superintendent, together with their certificate of election where said ballots 
shall remain in his custody for the period of thirty days, during which time notice 
of contests may be given by any person interested. If no such notice shall be 
given within such period, the county school superintendent shall destroy such bal- 
lots. But if such notice of contest be given it shall be his duty to turn the same 
over in exactly the same condition as they were received by him to the county clerk 
of his county where they may be examined under the same terms and conditions 
as ballots in other cases of contested elections for county officers, and the same 
provisions shall apply to a contest for the position of school director as is provided 
by law for contesting other county officers. 

All legal voters, residing in a school district shall be considered qualified voters 
of said district, entitled to vote therein. 

Act of Feb. 12, '91; L. '91, C. 25, § 19; C. L. '97, § 1532, as amended by Act of 
Mar. 16, '99, L, '99, C. 80, § 11; Act of Mar. 19, '03, L. '03, C. 119, § 2; Act of Mar. 21, 
'07, L. '07, C. 97 § 30; Act of Mar. 18, '09, L. '09, C. 95, § 1. 

As to qualifications of voters see Constitution, Art, VII, Sec. 1. 

As to official oath see Constitution, Art. XX, Sec. 1. 

For disposition of fines see Constitution, Art. XII, Sec. 4. 

§ 4853. School directors — Terms. 

Sec. 47. At each election of such directors, only one director shall be vote^ 
for, except in case of an election to fill a vacancy for an unexpired term, and he 
shall be elected and hold his office for a term of three years from the first day of 
May thereafter. 

Act of Mar. 19, '01; L. '01, C. 55, § 2, as amended by L. '07, C. 98, § 30. 

§ 4854. Id. — Organization — Vacancies — Use of school houses. 

Sec. 48. Five days after their qualification the school directors shall 
meet and elect a chairman and a clerk, and two directors shall constitute a quorum, 
which shall be competent to discharge all the duties of a full board. Should a 
vacancy occur from any cause, notice shall be given to the county superintendent 
by the directors or a director, and thereupon said county superintendent shall 
appoint a director to fill such vacancy until the next election. They shall have 
the care and keeping of the school house and other property belonging to the school 
district, and are authorized to open the school houses for the use of religious 
political, literary, scientific, mechanical, agricultural and industrial societies be- 
longing in their district, for the purpose of holding business or public meetings 
of said societies. 

Act of Feb. 12, '91; L. '91, C. 25, § 20; C. L. '97, § 1533. 



§ 4855 Schools and School Districts 23 

§ 4855. Id. — Warrants — ^Duties. 

Sec. 49. No board shall issue warrants or certificates of indebtedness 
of the school district, in excess of the amount of the levy for one year, but all 
school orders shall draw six per cent, interest per annum after having been pre- 
sented to the county treasurer and not paid for want of funds, which fact shall 
be indorsed upon the order by the treasurer. The directors of the several school 
districts shall also employ and pay school teachers under the restrictions imposed 
by this chapter, and shall have the general control and management of the schools in 
their respective districts, subject to such supervision as shall herein be conferred 
upon the county superintendent. 

Act of Feb. 12, '91; L. '91, C. 25, § 22; C. L. '97, § 1535, and by Act of Mar. 21, 
'07, L. '07, C. 97, § 30. 

Until the County Superintendent has received the report of the number of 
children of school age in a district he cannot be compelled to apportion any school 
moneys to that district. 

Ortega et al. v. Padilla, 10 N, M. 42; 60 Pac. 70. 

§ 4856. School oflacer— Offenses by. 

Sec. 50. Any member of the board of education, county school superin- 
tendent, or other school officer who may violate the provisions of this chapter con- 
cerning their powers and duties in connection with school matters or who shall 
not faithfully perform all such duties imposed under and by virtue of the law 
shall, on conviction thereof be fined in a sum not less than twenty-five dollars 
($25.00) nor exceeding five hundred dollars ($500.00). 

Act of Mar. 18, '09; L. '09, C. 121, § 12. 

§ 4857. Census. 

Sec. 51. The directors of schools in the several school districts in the State 
shall, on or before the first day of September of each year make an enimieration 
of all unmarried persons between five and twenty-one years of age, giving the names, 
ages and sex of such persons in full, and shall report the same in writing, which 
enumeration list shall be signed by all the directors, to the county superintendent 
within fifteen days thereafter. It shall be the duty of the clerk of said school 
directors to correctly enumerate or cause to be enumerated all unmarried persons 
of the respective school districts as specified herein. For said enumeration he shall 
be paid from any funds in the hands of said directors the sum of one dollar and 
fifty cents for each one hundred names, or fraction thereof, thus enumerated. 

Wlienever a petition signed by one hundred qualified voters shall be presented 
to the board of education or school trustees of any incorporated city, town or vil- 
lage in this State praying therefor, any such board to which such petition is pre- 
sented shall require the person appointed to make the school census at the time 
of making such school census to also ascertain and enumerate the number of persons 
residing in any such city, town or village. All resident unmarried persons between 
said ages shall be entitled to attend the schools of their districts. 

Act of Mar. 2, '05; L. '05, C. 23, § 1, amended by Act. of Mar. 16, '07, C. 35, § 7. 

§ 4858. Census enumerators — False list. 

Sec. 52. Any enumerator acting for the directors of schools of any district 
who shall wilfully place fictitious names, or names of persons, not actually residing 
in said district, upon the official enumeration list, shall be declared guilty of a 
misdemeanor and on conviction thereof, before any court of competent jurisdiction, 
ho shall be punished by a fine of not less than ten nor more than fifty dollars. 

Act of Mar. 2, '05; L. '05, C. 23, § 2. 



23 Schools and School Districts § 4859 

§ 4859. Tuition. 

Sec. 53. A board of school directors or board of education may admit non- 
resident pupils to the school or schools under its charge, provided school accom- 
modations are sufficient to justify the same, and may determine the rate of tuition 
for such pupils and collect the same, which tuition shall not be greater than twenty 
(30%) per cent, more than the average cost per capita for education based on 
the average number of pupils belonging to the school throughout the previous 
school term. When non-resident pupils, their parents or guardians, pay a school 
tax in any district, such pupils shall be admitted to the school of such district, 
and the amount of such school tax shall be credited on their tuition in a sum not 
to exceed the amount of such tuition, and they shall be required to pay tuition 
only for the difference therein. 

Act of Mar. 21, '07; L. '07, C. 97, § 29. 

§ 4860. Flag. 

Sec. 54. The boards of school directors of the various school districts and 
the boards of education of the cities and towns of this State shall procure at 
the expense of their respective districts, towns or cities, for every public school not 
provided therewith, a United States flag not less than five feet long, together with 
a flagstaff, and the necessary appliances therefor; and whenever the flag, flagstaff 
or the necessary appliances therefor of any such school shall from any cause be- 
come unsuitable for further use, such school boards of directors or boards of edu- 
cation shall in the same manner purchase others in place thereof. 

Act of Mar. 10, '05; L. '05, C. 48, § 1. 

§ 4861. Displaying flag. 

Sec. 55. The school directors or boards of education in the various districts, 
cities and towns in the State shall cause the United States flag to be displayed 
upon the public school buildings or premises therein during school hours if in their 
best judgment it be practicable, otherwise at such times as they may direct, and 
such boards of school directors or boards of education shall also establish rules 
and regulations for the proper care, custody and display of the flag; and when, 
for any cause it is not displayed it shall be placed conspicuously in the principal 
room of the school building. 

Act of Mar. 10, '05; L. '05, C. 48, § 2. 

§ 4862. Flag day. 

Sec. 56. The twelfth day of February, in each and every year is established 
in the annual school calendar to be known as Lincoln Day, iii honor of the birth- 
day of Abraham Lincoln, and shall be observed with patriotic exercises in the public 
schools, but such day shall in no wise be construed to be a holiday. It is also pro- 
vided that when such day shall fall on Sunday or on Saturday, the following or 
preceding day respectively, as the case may be, shall be observed. 

Act of Mar. 10, '05; L. '05, C. 48, § 3, as amended by L. '09, C. 121, § 3. 

For other holidays see Sec. 2726 et seq. 

§ 4863. Alcoholic drinks and narcotics — Study of. 

Sec. 57. The nature of alcoholic drinks and narcotics, and special in- 
struction as to their effects upon the human system, in connection with the several 
divisions of the subject of physiology and hygiene, shall be included in the branches 
of study taught in the public schools, and shall be studied and taught as thoroughly 
and in the same manner as other like required branches are in said schools, by the 
use of text books in the hands of pupils where other branches are thus studied in 
said schools, and by all the pupils in all said schools throughout the state. 
Act of June 8, '12; L. '12, C. 29, § 1. 



§ 4864 Schools aitd School Districts 24 

§ 4864. Alcoholic drinks and narcotics — Reform school — Institute. 

Sec. 58. Adequate time and attention shall be given to instruction in this 
branch of study in the state educational institutions^ in the New Mexico Eeform 
School at Springer and in all teachers' institutes, and competent lecturers on this 
subject shall be secured for teachers' institutes. 

Act of June 8, '12; L. '12, C. 29, § 2. 

§ 4865. Alcoholic drinks and narcotics — Failure to instruct concerning. 

Sec. 59. It shall be the duty of the proper officers in control of any school 
or institution described in the two foregoing sections to enforce the provisions 
thereof; and any such officer, school director, superintendent, or teacher, who 
shall refuse or neglect to comply with the requirements of said sections, or shall 
neglect or fail to make proper provisions for the instruction required and in the 
manner specified, for all the pupils in each and every school or institution un- 
der his jurisdiction, shall be removed from office, and the vacancy filled as in other 
cases. 

Act of June 8, '12; L. '12, C. 29, § 3. 

§ 4866. Alcoholic drinks and narcotics — Teachers' certificates. 

Sec. 60. No certificate shall be granted to any person to teach in the pub- 
lic schools who has not passed a satisfactory examination to enable him to properly 
teach the branches of study provided for in the three preceding sections. 

Act of June 8, '12; L. '12, C. 29, § 4. 

ARTICLE V. IN CITIES AND TOWNS. 

SUBDIVISION I. 
Section 

4867 Board of education — Members. 

4868 Board of education— Election — Term of office. 

4869 Board of education — Election — Registration. 

4870 Board of education for incorporated town or village. 

4871 Id.— Election. 

4872 Id. — Election and returns— Registration. 

4873 Id.— Powers. 

4874 Id.— Powers. 

§ 4867. Board of education — Members. 

Sec. 61. The board of education in each incorporated city shall consist of 
five members, who shall be elected at large from such city, for the term of four 
years. 

Act of June 8, '12; L. '12, C. 43, § 1. ' 

§ 4868. Board of education— Election — Term of office. 

Skc. G2. The qualified electors of such city and of the territory outside of said 
city attached thereto for scliool purp ill on the first Tuesday of April, 1915, 

ch.Ht hvo iiifrnbers of tlie board of ..uun and on the first Tuesday of April, 

I inbcrs, and thereafter a regular election of members succeeding those 

V : ■ - ' . ' \pire, shnll hr hr\(] on the first Tuesday of Ajiril of eacli odd miiii- 
l)rr(''l ycjir. 

Act of June 8, '12; L. '12, C. 43, § 2. 

§ 4869. Board of education— Election— Registration. 

Skc. G:1 TIi.- cltvllon !)n,\ i,1, ,1 i",.,- in flH> jwo piv— iin„- sections shall be 
1'^''''- il"' ' • rl, ;iii,l ih,. rr' of elcctiou issuod 

in accordaiU'i- >. un im- n.^,^ .iirj.ni .Miic lo dniioiis of olliccrs oi incorporated cities, 
except that no registration sliali br r('(|uircd. 

Act of June 8, '12; L. '12, C. 43, § 3. 



25 Schools and School Districts § 4870 

§ 4870. Board of education for incorporated town or village. 

Sec. 64. There shall be elected, in each incorporated town or village, a board 
of education which shall consist of five members and who shall be elected at large 
from any portion of the territory subject to the jurisdiction of such board of edu- 
cation for a term of four years. 

Act of Mar. 15, '13; L. '13, C. 67, § 1. 

§ 4871. Id.— Election. 

Sec. 65. The qualified electors of such town or village, and those residing 
within any portion of the territory subject to the jurisdiction of said board of edu- 
cation shall, on the first Tuesday of April, 1915, elect two members of the board 
of education, and on the first Tuesday of April, 1917, three members, and thereafter 
a regular election for members succeeding those whose terms expire, shall be held 
on the first Tuesday of April of each odd numbered year. Provided, that in towns 
incorporated under special acts, said election shall be held on the second Tuesday 
in April of each odd numbered year. 

Act of Mar. 15, '13; L. '13, C. 67, § 2. 

§ 4872. Id. — Election and returns — Registration. 

Sec. QG. The election herein provided for shall be held, the returns thereof 
made and canvassed, and the certificates of election issued in accordance with the 
laws applicable to elections of officers of the respective incorporated towns and 
villages wherein said Boards of Education are established, except that no registra- 
tion shall be required. 

Act of Mar. 15, '13; L. '13, C. 67, § 3. 

§ 4873. Id.— Powers. 

Sec. 67. The board of education shall have sole control over schools and 
school property within the said incorporated town or village, the territory thereto 
attached for school purposes, and the school district of which said town or village, 
before incorporation, was a part, all of which shall constitute the territory subject 
to the jurisdiction of such board of education for school purposes only, to the same 
extent as the territory located within the limits of such incorporated town or vil- 
lage. 

Act of March 15, '13; L. '13, C. 67, § 4. 

§ 4874. Id.— Powers. 

Sec. 68. Such board of education shall have all the powers and priviliges 
and be subject to all the duties and requirements provided by law for boards 
of education in incorporated cities and towns. 
Act of Mar. 15, '13; L. '13, C. 67, § 5. 

SUBDIVISION II. 

Sections. 

4875 Cities and towns. 

4876 Cities and towns — Duration of schools — Free — Insufficient accommodations. 

4877 • Territory outside city — Annexation for school purposes. 

4878 Board of education in cities and towns — Corporate powers. 

4879 Id. — Members — Election — Terms — Qualifications. 

4880 Id. — Filling vacancies. 

4881 Id.— Powers. 

4882 Id.— Officers and clerk. 

4883 Id. — Treasurer — Bond — Duties — Reports — Salary — Depositories. 

4884 Id. — Members not to receive compensation. 

4885 Id. — May hire city or district supenintendent. 

4886 District superintendent's employment. 

4887 Id.— Duties of president. 

4888 Id. — Duties of vice-president. 

4889 Id.— Duties of clerk. 

4890 Id.— Bond of clerk. 



§ 4875 Schools and School Districts 26 

Section 

4891 Id.— Meetings. 

4892 Id. — Annual report — Publication. 

4893 Id. — Expenditures and bids. 

4894 Sectarian doctrines not to be taught. 

4895 Board of education — Property exempt from taxation and execution. 

§ 4875. Cities and towns. 

Sec. 69. All cities and towns shall be governed by the succeeding provisions 
of this subdivision. 

Act of Feb. 26, '91; L. '91, C. 77, § 6; C. L. '97, § 1561. 

§ 4876. Cities and towns— Duration of schools— Free— Insufficient accommo- 
dations. 

Sec. 70. In each city or town governed by this subdivision, there shall be 
established and maintained a system of free common schools, which shall be kept 
open no less than three nor more than ten months in any one year, and shall be free 
to all children residing in such city or town, between the ages of five and twenty 
years. But the board of education may, when school room accommodations are 
insufficient, exclude for the time being children between the ages of five and seven 
years. 

Act of Feb. 26, '91; L. '91, C. 77, § 7; C. L. '97, § 1562. 

See Constitution, Art. XII, Sees. 1 and 4 and see Sec. 4847. 

§ 4877. Territory outside city— Annexation for school purposes. 

Sec. 71. Territory outside the city limits, but adjacent thereto, may be at- 
tached to. such city or town for school purposes upon application to the board of 
education of such city or town by a majority of the electors of such adjacent ter- 
ritory, and upon such application being made to the board of education they shall, 
if they deem it proper and to the best interests of the school of said city or town 
and the territory seeking to be attached, issue an order attaching such territoiy 
to such city or town for school purposes, and to enter the same upon their journal, 
and such territory shall, from the date of such order, be and compose a part of 
such city or town for school purposes only, and the taxable property of such adjacent 
territory shall be subject to taxation, and shall bear its full proportion of all ex- 
penses incurred in the erection of school buildings and in maintaining the schools 
of such city or town. 

Act of Feb. 26, '91; L. '91, C. 77, § 8; C. L. '97, § 1563. 

§ 4878. Boards of education in cities and towns — Corporate powers. 

Sec. 72. The public schools of each city organized in pursuance of this sub- 
division shall be a body corporate, and shall possess the usual powers of a corpora- 
tion for public purposes, by the name and style of the Board of Education of the 

City( or Town) of , of the State of New Mexico, and in that name may sue 

or be sued, and be capable of contracting and being contracted with, of holding 
and conveying such real and personal estate as it may come into possession of by 
will or otherwise, or as is authorized to be purchased by the provisions of tliis sub- 
division. 

Act of Feb. 26, '91; L. '91, C. 77, § 9; C. L. '97, § 1564. 

§ 4879. Id. — Members — Election — Terms — Qualifications. 

Sec. 73. No member of the board of education shall be a member of the coun- 
cil or town trustees, nor shall any member of the council or town trustees be a mem- 
ber of the board of education. Each member of the board of education shall be a 
qualified elector of the State of New Mexico, and shall have resided in the district 
at least two years next preceding the election, and shall be a tax payer. 

Act of Feb. 26, '91; L. '91, C. 77, $ 12, as amended by Act of Feb. 23, '93; L. '93, 
C. 39, § 1; C. L. '97. § 1567. 

See Constitution, Art VII, Sec. 2. 



27 Schools and School Districts § 4880 

§ 4880. Id. — Filling vacancies. 

Sec. 74. The board of education shall have power to fill any vacancy which 
may occur in their body: Provided, That any vacancy occurring more than ten 
days previous to the election and having an unexpired term of one year, shall be 
filled at the first election thereafter; and the ballots and returns of elections shall 
be designated as follows: To fill unexpired term. 

Act of Feb. 26, '91; L. '91, C. 77, § 13; C. L. '97, § 1568. 
Construed in Op. Atty. Gen. 1910-12, p. 127. 

§ 4881. Id.— Powers. 

Sec. 75. The board of education shall have power to elect their own officers, 
except the treasurer; to make their own rules and regulations, subject to the pro- 
visions of this subdivision ; to organize and maintain a system of graded schools ; to 
establish a high school whenever in their opinion the educational interests of the 
city demand the same, and to exercise the sole control over the schools and school 
property of the city or town. 

Act of Feb. 26, '91; L. '91, C. 77, § 14; C. L. '97, § 1569. 

§ 4882. Id.— Officers and clerk. 

Sec. 76. The board of education, at its regular meeting in May of each 
year, shall organize by the election of a president and vice president from among 
its own members, each of whom shall serve for the term of one year or until their 
successors are elected and qualified; they shall also elect a clerk, wlio shall hold 
his office during the pleasure of the board, and who shall receive such compensa- 
tion for his services as the board may allow. 

Act of Feb. 26, '91; L. '91, C. 77, § 15; C. L. '97, § 1570. 

§ 4883. Id. — Treasurer — Bond — Duties — Reports — Salary — Depositories. 

Sec. 77. The treasurer of the city or town shall be ex-officio treasurer of 
the board of education, and shall give such bond to the board of education as the 
board may require, said bond to be approved by the board of education and filed 
with its clerk. The treasurer shall attend all the meetings of the board when re- 
quired to do so ; shall prepare and submit in writing a monthly report of the finances 
of said board, and shall pay school moneys only upon a warrant signed by the presi- 
dent or, in his absence, by the vice president, and countersigned by the clerk. The 
treasurer shall receive from the board of education, fifty dollars per annum for 
his services as treasurer, and no more. 

Act of Feb. 26, '91; L. '91, C. 77, § 16; C. L. '97, § 1571. 

See Op. Atty. Gen. 1909-12, p. 53, holding this section not repealed by Sec. 4834. 

§ 4884. Id. — Members not to receive compensation. 

Sec. 78. No member of the board of education shall receive any pay or 
emolument for his services. 

Act of Feb. 26, '91; L. '91, C. 77, § 17; C. L. '97, § 1572. 

In the absence of a definite contract of employment, services rendered by a mem- 
ber of a Board of Education are presumed to be voluntary services in connection with 
official duty for which there can be no recovery. 

Snyder v. Bd. of Education, 10 N. M. 446; 62 Pac. 1090. 

§ 4885. Id. — May hire city or district superintendent. 

Sec. 79. In addition to the privileges, powers and duties of boards of educa- 
tion heretofore prescribed by law, the power is granted to boards of education for 
districts consisting of incorporated cities to employ a city or district superintendent, 



§ 4886 Schools and School Districts ^ 28 

who, in conjunction with the board of education, shall be authorized to hold special 
teachers' institutes for the instruction of teachers. 

Act of Mar. 14, '01; L. '01, C. 27, § 3, as amended by L. '07, C. 97, § 30, and as 
further amended by L. '12, C. 51, § 8. 

§ 4886. District superintendent's employment. 

Sec. 80. District superintendents in districts consisting of incorporated 
cities or towns, shall be employed for a term of not to exceed two years, and their 
duties other than now specified by law may be defined by the board of education of 
such incorporated city or town. 

Act of Mar. 19, '03; L. '03, C. 119, § 16. 

§ 4887. Id.— Duties of president. 

Sec. 81. It shall be the duty of the president to preside at all meetings of 
the board of education, to appoint all committees, whose appointment is not other- 
wise provided for, and to sign all warrants ordered by the board of education to be 
drawn upon the treasurer for school moneys. 

Act of Feb. 26, '91; L. '91, C. 77, § 18; C. L. '97, § 1573. 

§ 4888. Id. — Duties of vice-president. 

Sec. 82. It shall be the duty of the vice president to perform all the duties 
of the president, in case of his absence or disability. 

Act of Feb. 26, '91; L. '91, C. 77, § 19; C. L. '97, § 1574. 

§ 4889. Id.— Duties of clerk. 

Sec. 83. It shall be the duty of the clerk to be present at all meetings of the 
board, to keep an accurate journal of its proceedings; to take charge of its books 
and documents, to countersign all warrants for school moneys drawn upon the 
treasurer by order of the board of education, and to perform such other duties as 
the board of education or its committees may require. 

Act of Feb. 26, '91; L. '91, C. 77, § 20; C. L. '97, § 1575. 

§ 4890. Id.— Bond of clerk. 

Sec. 84. Before entering upon the discharge of his duties, the clerk of the 
board of education shall give bond in the sum of one thousand dollars, with good 
and sufficient sureties, to be approved by the board, conditioned for the faithful 
performance of the duties of his office, which together with his oath shall be filed 
with the treasurer, all other oaths and bonds shall be filed with the clerk. 

Act of Feb. 26, '91; L. '91, C. 77, § 21 and § 36; C. L. '97, § 1576 and § 1591. 

§ 4891. Id.— Meetings. 

Sec. 85. The regular meetings of the board of education shall be upon the 
first Monday of each month, but special meetings may be held from time to time, 
as circumstances may demand. 

Act of Feb. 26, '91; L. '91, C. 77. § 24; C. L. '97, § 1579. 

§ 4892. Id. — Annual report — Publication. 

Sec. 86. The board of education, at the close of each school year, or as soon 
thereafter as practicable, shall make an annual report of the progress, prosperity 
and condition, financial as well as educational, of all the schools under their charge ; 
and said report, or such portion of it as the board of education shall consider of 
advantage to the public, shall be printed, either in a public newspaper or in 
pamphlet form, and a copy furnished the county and the State superintendent. 

Act of Feb. 26, '91; L. '91, C. 77. § 25; C. L. '97. § 1580. 



39 Schools and School Districts § 4893 

§ 4893. Id.— Expenditures and bids. 

Sec. 87. No expenditure involving an amount greater than two hundred 
dollars, shall be made except in accordance with the provisions of a written con- 
tract, and no contract involving an expenditure of more than five hundred dollars, 
for the purpose of erecting any public buildings or making any improvements, 
shall be made except upon sealed proposals, and to the lowest responsible bidder. 

Act of Feb. 26, '91; L. '91, C. 77, § 26; C. L. '97, § 1581. 

Under this section a recovery of a sum in excess of two hundred dollars for serv- 
ices rendered cannot be had on a quantum, meruit. 

Snyder v. Bd. of Education, 10 N. M. 446; 62 Pac. 1091. 

This section requires competitive bidding based upon plans and specifications and 
to attain that end some form of reasonable notice is required and is to be implied from 
the nature of the statute. This section applies to boards of school directors as well as 
boards of education. 

Mayes v. Bassett, 17 N. M. 193; 125 Pac. 609. 

§ 4894. Sectarian doctrines not to be taugiit. 

Sec. 88. No sectarian doctrine shall be taught or inculcated in any of the 
public schools of the city or town. 

Act of Feb. 26, '91; L. '91, C. 77, § 27; C. L. '97, § 1582. 

See Constitution, Art. XII, Sec. 9. 

§ 4895. Board of education — Property exempt from taxation and execution. 

Sec. 89. All property held by the board of education for the use of public 
schools, shall be exempt from taxation. 

Act of Feb. 26, '91; L. '91, C. 77, § 28; C. L. '97, § 1583. 

As to exemption from execution see Constitution, Art. VIII, Sec. 13. 

ARTICLE VI. SCHOOL HOUSES— BOND ISSUE— PROPERTY. 

Section 

4896 School houses — Construction from surplus funds. 

4897 Id.— Surplus funds — Petition — Procedure. 

4898 Id. — Surplus funds insufficient — Partial construction. 

4899 Insurance of building. 

4900 Penalty for failure to insure. 

4901 Bond issue for ^school house. 

4902 Bonds for school houses — Election — Form — Sale. 

4903 Power to borrow money to erect or furnish buildings — Election — Limitation on in- 

debtedness. 

4904 What law applicable — Repeal clause. 

4905 Id. — Boundaries — Map. 

4906 Id. — Assessment for taxation. 

4907 School houses — County superintendent to order election — Petition. 

4908 School houses — ^Vote against bond issue — Building school house from school fund. 

4909 Violation— Penalty. 

4910 School building fund created. 

4911 Application for funds for building school house. 

4912 Application for funds — Approval — Limitation of amount 

4913 Building plans, submission, changes, approval — Contract. 

4914 Warrants, approval and payment — Accounts — Expenditures limited. 

4915 Misuse of funds — Embezzlement. 

4916 Repayment of funds to state. 

4917 Contracts for school buildings, bond — School officers not to profit by contracts — 

Duty of school officers. 

4918 Property presented to educational institutions or common schools. 

4919 Sale of school property — Petition. 

4920 Unsold lots belong to school district. 

4921 Id. — Appraisers — Appointment and oath. 

4922 Id. — Appraisement. 

4923 Id.— Sale. 



§ 4896 Schools and School Distriqts 30 

Section 

4924 Id. — Notice of sale. 

4925 Id. — Sale — Procedure. 

4926 Id. — New appraisement. 

4927 Id.— Sale— Disposition of proceeds. 

4928 Id.— Rights of person making improvements. 

4929 Id. — Purchaser to pay expenses. 

4930 Id. — Sale — Conveyances. 

§ 4896. School houses — Construction from surplus funds. 

Sec. 90. Whenever there shall be a surplus in the general school fund in 
the county treasury to the credit of any school district in the State, outside of 
incorporated towns and cities, to the amount of not less than two hundred dol- 
lars ($200.00) after all the expenses of maintaining the schools in said district for 
teachers' salary, rent, and other expenses connected therewith, the said surplus or 
any part thereof, may be withdrawn by the directors of said school district and 
applied by them to the procuring of a suitable site and the erection thereon of 
proper school buildings or for the repairing of any school building or buildings 
for the use of such school district, in the manner following. 

Act of Mar. 12, '03; L. '03, C. 37, § 1. 

§ 4897. Id.— Surplus funds— Petition— Procedure. 

Sec. 91. Whenever a petition signed by one-half of the legal voters of such 
school district described in the preceding section, as shown by the number of votes 
cast in said district or precinct at the last general election, shall be presented to 
the county school superintendent, praying that such surplus money described in 
said section may be turned over to the school directors of such school districts for 
the purpose of procuring a site and erecting school building or buildings thereon, 
then it shall be the duty of said county school superintendent within ten days after 
the receipt of the said petition, to forward the same to the county treasurer, who 
shall file the said petition and safely keep the same among the records and archives 
of his office, and it shall be the duty of said county treasurer to at once notify the 
school directors of such school district of the amount of money then on hand, sub- 
ject to be withdrawn for the purposes named; and thereafter the said treasurer 
shall honor and pay all warrants drawn by such school directors against such sur- 
plus fund for the purchase of site and erection of school houses thereon, when the 
same are accompanied by itemized and verified accounts and vouchers until the said 
surplus is exhausted, and it shall be the duty of the school directors to open proper 
books of account with the said fund, and enter therein all receipts and disburse- 
ments on account of such fund; and it shall be their further duty to take from 
persons to whom money may be due on this account, itemized and verified bills in 
duplicate, one of which shall be retained by said board of directors, and the other 
shall be transmitted with the warrant drawn in payment thereof to the county 
treasurer of the county in which said district is located. And the said school di- 
rectors shall in no event and under no pretext contract for or incur obligations on 
such account beyond the amount of money available in the county treasury for such 
purposes, nor shall they under any circumstances incur any debt in the erection of 
such school house, or houses, or improvement or repair thereof except as provided 
in section 4902. 

Act of Mar. 12, '03; L. '03, C. 37, § 2. 

§ 4898. Id. — Surplus funds insufficient — Partial construction. 

Sec. 92. In case there shall not be sufficient surplus moneys on hand to 
])urchasc a site and complete the building or buildings contemplated by the school 
directors under the preceding sections of this article they are authorized to procure 
the site for school purposes and to commence the erection of such building or build- 
ings as they may deem necessary and proper for the purposes named, and shall 
carry on the construction thereof, so far as the moneys on hand for that purpose 



31 Schools and School Districts - § 4899 

will permit, as hereinbefore provided in this article, and in case the term of office 
of any such school directors or any member thereof shall expire, before the said 
buildings are completed, it shall be the duty of their successor or successors to pro- 
ceed with the work in the manner in said sections provided until such work is com- 
pleted. 

Act of Mar. 12, '03; L. '03, C. 37, § 3. 

§ 4899. Insurance of building. 

Sec. 93. The board of directors of any school district is empowered to ex- 
pend, from the funds in the treasury of said school district, any moneys necessary 
to properly insure any school building or buildings in such school district. 

Act of Mar. 12, '03; L. '03, C. 37, § 4. 

§ 4900. Penalty for failure to insure. 

Sec. 94. Any failure of any of the officers mentioned in the preceding sec- 
tions of this article to carry out their provisions in the letter and the spirit thereof, 
shall subject such officers to removal and to a forfeiture of their official bond for 
the benefit of such school district so injured thereby, and any school director so of- 
fending, shall be disqualified to become his own successor in office either by election 
or by appointment for a period of one year from date of such removal. 

Act of Mar. 12, '03; L. '03, C. 37, § 5. 

§ 4901. Bond issue for school house. 

Sec. 95. That school directors shall have power and authority to borrow 
money for the purpose of erecting and completing school houses by issuing nego- 
tiable bonds of the district, to run any period of not less than twenty years nor 
exceeding thirty years, drawing interest at the rate of not to exceed six per centum 
per annum, with interest payable semi-annually or annually, at such place as the 
board of directors issuing the same may direct, which said indebtedness shall be 
binding and obligatory on the school districts for the use of which said loan shall 
be made. 

Act of Mar. 15, '05; L. '05, C. 81, § 1. 

§ 4902. Bonds for school houses — Election — Form — Sale. 

Sec. 96. The directors of any school district may submit to the voters of 
their district at the regular or any special election called for that purpose, the 
question of issuing bonds, giving the same notice of such meeting as is now re- 
quired to be given for the election of directors, and the amount proposed to be 
raised by the sale of such bonds, which question shall be voted upon by the qualified 
electors of the district, and if a majority of all the votes cast upon that question, 
be in favor of the issue of such bonds, then said board shall issue bonds to the amount 
voted, in denominations of not less than twenty-five dollars, nor exceeding five hun- 
dred dollars, due not less than twenty, nor more than thirty years after date, and 
redeemable at the pleasure of the district at any time after ten years, which said 
bonds shall be given in the name of the district issuing them and shall be signed 
by the president of the board of directors and approved by the county superintend- 
ent and be delivered to the county treasurer, taking his receipt therefor; and said 
county treasurer shall advertise for the sale of said bonds to the highest bidder, 
in at least four issues of some weekly paper published in his county, or an adjoin- 
ing county, and shall countersign said bonds when negotiated; the county treasurer 
shall place the proceeds of such sale of bonds to the credit of the proper district, to 
be paid out as provided for in the manner of special district tax. The county treas- 
urer shall stand charged upon his official bond with all bonds that may be delivered 
to him, but any bond or bonds not sold may be returned to the district and the 
treasurer credited with the same: Provided, That if such bonds are issued for the 
building of a school house, th^t the contractor constructing the same may receive 



§ 4903 Schools and School Districts 32 

in payment, such bonds at their face value, or at the price offered by the highest 
bidder. Provided, further. That none of such bonds shall be sold for less than ninety 
cents on the dollar. 

Act of Feb. 12, '91; L. '91, C. 25, § 29; C. L. '97, § 1542. 

See Constitution, Art. IX, Sec. 11. 

§ 4903. Power to borrow money to erect or furnish buildings — Election — 
Limitation on indebtedness. 

Sec. 97. Every school district, whether organized under the name of "school 
district'' or under the name of ^T^oard of education," shall have power and authority 
to borrow money for the purpose of erecting and furnishing school buildings and 
purchasing school grounds, but such power or authority shall exist only when the 
proposition to create the debt shall have been submitted to the qualified electors of 
the district, and approved by a majority of those voting thereon. No such school 
district shall ever become indebted in an amount, including existing indebtedness, 
exceeding six per centum on the assessed valuation of the taxable property within 
the district as shown by the preceding general assessment. 

Act of May 29, '12; L. '12, C. 13, § 1. 

See Constitution, Art. IX, Sec. 11. 

§ 4904. What law applicable — Repeal clause. 

Sec. 98. All laws relating to issuing and payment of bonds, interest thereon, 
and elections to authorize the same, shall be and remain in force as though the 
preceding section had not been passed, except the provisions of said laws which are 
in conflict with the provisions of said section. 

Act of May 29, '12; L. '12, C. 13, § 2. 

§ 4905. Id. — Boundaries — Map. 

Sec. 99. No bonds of any district shall be issued or any special tax levied 
until the boundaries of said districts shall have been established and the property 
marked by monuments or by natural objects as provided by law. The boundaries 
of all school districts in this State, so far as possible, shall coincide with the pre- 
cinct boundaries, and said boundaries shall be established by the proper authority, 
and the comers thereof marked by monuments or natural objects with the words. 

District Number , in a permanent manner marked upon them, and an outlined 

map of the district made, showing the length and breadth thereof, and the pro- 
posed location of the school house ; a copy of the said map to be filed with the county 
superintendent. 

Act of Feb. 12, '91; L. '91, C. 25, § 32; C. L. '97, § 1545. 

The boundary lines and corners of Bchool districts must be located by the county 
surveyor and not by any other surveyor. 
Op. Atty. Gen. •09-'12, p.* 62. 

§ 4906. Id.— Assessment for taxation. 

Sec. 100. In any school district where a special tax is in contemplation 
of being levied, or of bonds being issued, and after the boimdaries of the district 
have been properly determined and marked for that purpose, it shall be the duty 
of the county assessor to visit said district and make an assessment of all taxable 
property, both personal and real, within said school district, as fully and completely 
as he is now required to make the assessment of the county, and he shall be gov- 
erned by the same rules, especially including in such assessment all kinds of live 
stock which graze wholly within the limits of such district. The county assessor 
shall provide each board of district directors with a copy of such lists of taxable 
property in the several districts. 

Act of Feb. 12, '91; L. '91, C. 25, 8 34; C. L. '97, S 1547. 



33 Schools and School Districts § 4907 

§ 4907. School houses— County superintendent to order election—Petition. 

Sec. 101. The county superintendent of schools for each county in this 
State shall have power in cases where any school district in his county does not 
own a school house, upon a petition signed by twenty residents of such school dis- 
trict, being each the head of a family and having children of school age in the 
family, to order the school directors of such school district to submit the question 
of issuing bonds of such district for the purpose of building a school house as 
provided for in section 4902 to the voters of such school district. 

Act of Mar. 15, '99; K '99, C. 46, § 1. 

§ 4908. School houses— Vote against bond issue— Building school house from 
school fund. 

Sec. 102. In cases where the question of issuing such bonds has been or 
shall be submitted to the voters of such school district, and shall fail to carry, then 
such county superintendent of schools shall in writing order the county treasurer 
to set aside such portion of the school fund of such district, not less than one-fifth 
thereof, yearly, for the purpose of eventually building a school house for such dis- 
trict, and such fund shall be kept for such purpose only, and such superintendent 
shall, when in his opinion such fund is sufficiently large for the purpose, order the 
school directors of such district to build such school house, he to approve the con- 
tract therefor. 

Act of Mar. 15, '99; L. '99, C. 46, § 2. 

§ 4909. Violation— Penalty. 

Sec. 103. Any person failing to perform the duties required of him by the 
two preceding sections, shall be guilty of a misdemeanor, and on conviction thereof 
shall be punished by a fine of not less than one hundred dollars nor more than five 
hundred dollars; and it shall be the duty of the State superintendent of public 
instruction to see that said sections are strictly enforced, and to make all proper 
complaints for violation thereof; and it is further made the duty of all district 
attorneys to vigorously prosecute the same. 

Act of Mar. 15, '99; L. '99, C. 46, § 3. 

§ 4910. School building fund created. 

Sec. 104. Any balance remaining in the reserve fund created for the purpose 
of enabling school districts to hold school for a term of five months, at the end of 
the school year shall be set aside by the treasurer of the State to the credit of the 
"School Building Fund.'' 

Act of Mar. 15, '13; L. '13, C. 74, § 1. 

§ 4911. Application for funds for building school house. 

Sec. 105. Any school district in which the regular annual income is insuf- 
ficient for the maintaining of a school for a period of five months, may make appli- 
cation to the Superintendent of Public Instruction and Attorney General of the 
State on a form to be prepared by said Attorney General, for sufficient funds out 
of the fund herein created, to enable such district to build and construct a suitable 
school house or houses, or to complete or properly furnish such school house or school 
houses for the convenience and suitable education of the children therein of com- 
pulsory school age; such application shall describe the boundaries of such district, 
give the amount of taxable property therein, its indebtedness already issued and 
outstanding, the number of school children therein who can be accommodated by 
such school buildings and all other facts which may aid the State Superintendent 
and the Attorney General in determining the advisability of construting, complet- 
ing or furnishing such school building or school buildings; said application shall 
be signed by the school directors of the district and must, before presentation to 
the Superintendent of Public Instruction receive the endorsement of the Superin- 



§ 4912 Schools and School Districts 34 

tendent of Schools, which said endorsement must appear on said application; Fro- 
vided, hotvever. Should the County Superintendent of Schools arbitrarily refuse to 
approve any such application, the directors may present the same to the State Board 
of Education and said Board may after a hearing, if it finds the facts warrant, 
approve said application without the endorsement of the County Superintendent 
of Schools. 

Act of Mar. 15, '13; L. '13, C. 74, § 2. 

§ 4912. Application for funds — Approval — Limitation of amount. 

Sec. 106. If the State Superintendent of Public Instruction and the At- 
torney General of the State approve said application they shall endorse thereon 
their approval and certify the amount allowed to the auditor of the State who shall 
draw his warrant in favor of the Treasurer of the County in which said district 
is situate to be by him credited to said school district payable out of the fund 
herein created and the Treasurer of the State shall pay said warrant, upon pre- 
sentation, out of such fund. Provided, that not to exceed ($300) I'hree Hundred 
Dollars shall be allowed for building or completing any school building nor more 
than Fifty Dollars for furnishing any school room and in every case the school 
district receiving aid shall furnish in labor or money at least one-third of the cost 
of the construction, completion, or furnishing of the school building or buildings. 
Provided, further, the site for said school building shall be provided by the school 
directors, which district must first procure title in fee simple to said site. 

y Act of Mar. 15, '13; L. '13, C. 74, § 3. 

§ 4913. Building plans, submission, changes, approval — Contract. 

Sec. 107. As soon as the treasurer of the county has placed the amount to 
the credit of the proper district, he shall notify the county superintendent of 
schools and the school directors of said district of the amount of money then on 
hand, subject to be withdrawn for the purposes named herein. The directors shall 
then prepare plans and specifications for building, completing or furnishing tne 
school building or school buildings of the district and submit such plans and 
specifications to the Superintendent of Public Instruction and to the Attorney 
General of the State for their consideration and approval and said Superintendent 
of Public Instruction and Attorney General shall make such changes in said 
specifications as will, in their judgment, serve the best interests of the district. 
Upon the approval of the plans and specifications by said Superintendent of Public 
Instruction and Attorney General, it shall be the duty of the Board of School 
Directors acting in conjunction with the County Superintendent of Schools to call 
for sealed bids for the construction, completion or furnishing of said school build- 
ing or buildings, allowing at least thirty days for filing bids with adequate notice 
of the date and place of opening. At the time and place specified, the county 
superintendent and the board of school directors shall open said bids and award 
the contract for building, completing, or furnishing said school house or school 
houses as, in their judgment, the best interests of the district may require. And 
it shall be the duty of said county superintendent and school directors to require 
a sufficient bond of the contractor for the full and faithful compliance with the 
terms of the contract. 

Act of Mar. 15, '13; L. '13, C. 74, § 4. 

§ 4914. Warrants, approval and payment — Accounts — Expenditures limited. 

Seo. 108. The Treasurer of the County shall honor and pay all warrants 
drawn by the board of school directors against the fund placed to the credit of its 
district, as herein provided, only when such warrants are approved by the county 
superintendent of schools as in the case of warrants drawn by school directors for 
payment of the current expenses of the district. It shall be the duty of the county 
superintendent before approving any such warrant to require itemized and verified 



35 Schools and School Districts § 4915 

bills in duplicate, one of which shall be retained by the county superintendent and 
the other shall be transmitted with the warrant drawn in payment thereof to the 
county treasurer of the county in which said district is located. And the said 
school directors shall in no event and under no pretext contract for or incur obliga- 
tions on such account beyond the amount of money available in the county treasury 
for such purposes. 

Act of Mar. 15, '13; L. '13, C. 74, § 5. 

§ 4915. Bfisuse of funds — Embezzlement. 

Sec. 109. Any official, into whose hands any of the money or funds, pro- 
vided for in the preceding five sections, shall come, who shall use any portion of such 
money or funds, for any purpose, other than the purpose herein specified and pro- 
vided for, shall be deemed guilty of embezzlement, and upon conviction shall be 
punished by a fine of not more than One Thousand Dollars or by imprisonment 
for not more than five years, or both and in addition thereto shall be summarily 
removed from office by the Court imposing sentence and shall thereafter be ineligible 
to hold any office of trust or profit in the State. 

Act of Mar. 15, '13; L. '13, C. 74, § 6. 

§ 4918. Repayment of funds to state. 

Sec. 110. Any district, receiving such money or funds, shall, in each year 
when there is a surplus remaining in the district fund after the expenses for main- 
taining a five months' term have been paid, pay such surplus to the Treasurer of 
tlio State until the amount of money advanced to said district for the purpose of 
constructing, completing, or furnishing any school house or houses, shall have been 
refunded, and the money so refunded shall be by the Treasurer of the State credited 
to the fund herein created and may be paid out as other moneys of such fund. 

Act of Mar. 15, '13; L.' '13, C. 74, § 7. 

§ 4917. Contracts for schccl buildings, bond — School officers not to profit by 
contracts — ^Duty of school ofl&cers. 

Sec. 111. Boards of education or school directors when letting a contract 
for public school buildings shall require of the contractor a good and sufficient 
bond for the faithful execution of said contract. And the clerks of said boards out- 
side of incorporated cities, towns and villages are required to make the county 
superintendent, from time to time as the superintendent may require, an itemized 
statement under oath of the cost of labor and material used and work done where 
practicable and apparatus required and used for constructing and furnishing said 
building, and school directors are further required to consult with and solicit the 
co-operation of county superintendents whenever it becomes necessary to purchase 
furniture, fixtures, etc., for the district schools, and the members of Boards of 
Education and School Directors and clerk thereof are prohibited from acting 
as the agent for any person or firm engaged in the selling of school furniture, 
apparatus, etc., or to receive any commission attending the purchase of such fur- 
niture, apparatus, etc., for use in their respective districts; and all persons identified 
in an official capacity with the public schools or with the higher educational in- 
stitutions supported in w^hole or in part by the public funds of this State are 
prohibited from being a party directly or indirectly to any contract, or interested 
in any contract, in connection with the operation or maintenance of such public 
schools or higher educational institutions; and any contract in which they are so 
interested shall be void, and the members of any educational board voting for the 
same shall be guilty of a misdemeanor and liable to punishment accordingly. 

Act of Mar. 15, '13; L. '13, C. 70, § 1. 



§ 4918 Schools and School Districts 36 

§ 4918. Property presented to educational institutions or common schools. 

Sec. 112. In case any person or persons shall will, bequeath, or in any other 
way donate money or other property for the benefit of any kind of public educa- 
tional institution, school district, or other educational interest, it shall become the 
duty of the district court of the district in which the beneficiary of such benefac- 
tion is located to see to it that said benefaction is sacredly conserved and adminis- 
tered in accordance with the terms and wishes of the donor or donors; Provided, 
That if said donor or donors have not provided for or named the executors of 
their wishes, the Judge of said district court shall appoint three proper persons, 
under sufficient bond, to administer the same. 

Act of Mar. 21, '07; L. '07, C. 97, § 27. 

§ 4919. Sale of school property — Petition. 

Sec. 113. Except as otherwise provided, school district property shall not be 
transferred by school boards, except upon the .petition of a majority of the qualified 
electors of any school district desiring such transfer. 

Act of Feb. 24, '91; L. '91, C. 52; C. L. '97, § 1592. 

Under this section school directors are prohibited from selling property of the 
district except upon the required petition. 
Op. Atty. Gen. 1910-12, p. 66. 

§ 4920. Unsold lots belong to school district. 

Sec. 114. When the corporate authorities of any town, or the probate judge 
of the county, for any county in this State in which any town may be situated, 
shall have entered at the proper land office, the land or any part of the land settled 
and occupied at the site of such town, pursuant to and by virtue of the provisions 
of the act of congress, entitled, An act for the relief of citizens of towns upon 
lands of the United States under certain circumstances, passed May 23rd, 1844, 
and any amendments that may be made thereto, or where such land may be en- 
tered by the proper authorities under and by virtue of any special act of congress, 
and where the corporate authorities fail, to comply with the provisions of sections 
5519 et seq and any blocks, lots, shares or parcels of said land remain unsold, the 
title to said unsold blocks, lots, shares or parcels of land shall vest and be in the 
school district in which said land is located, and it shall be the duty of the board 
of trustees of such town, to transfer, by proper deed of conveyance, said unsold 
blocks, lots, shares or parcels of land to the board of education of such school dis- 
trict. 

Act of Feb. 25, '97; L. '97, C. 20, § 1; C. L. '97, § 1600. 

§ 4921. Id. — Appraisers — Appointment and oath. 

Sec. 115. The board of education of any such school district, shall appoint 
by order or resolution, a board of appraisers, to consist of three freeholders of any 
such school district, who shall have no interest in said unsold blocks, lots, shares or 
parcels of land or the improvements thereon. Each of said appraisers shall take an 
oath to faithfully discharge his duties as such appraiser and shall file such oath in 
the office of the clerk of said board of education before commencing his duties as 
Buch appraiser. In case such appraisers should fail or neglect to make the appraise- 
ment hereinafter specified and file the same with the clerk of such board of educa- 
tion within ten days after their appointment, then said board may appoint a new 
board of appraisers for the purpose herein provided. 

Act of Feb. 25, '97; L. '97, C. 20. § 3; C. L. '97, § 1602. 

§ 4922. Id.— Appraisement. 

Sec. 116. Said appraisers shall appraise all such blocks, lots, shares and 
parcels of land, thus conveyed to such board of education, at their just and full 
cash value, and file their written appraisement as aforesaid. Said appraisement 



37 Schools and School Districts § 4923 

shall contain a description of each lot or parcel of land so appraised and a state- 
ment of the cash value of each lot and parcel of land so appraised. Said appraisers 
shall make a separate statement of the value of such lots and parcels of land with- 
out improvements and the aggregate value of both; there shall be attached to such 
appraisement a written affidavit of the said appraisers, verifying each statement 
of such appraisement and alleging that each of said lots or parcels of land is ap- 
praised at its just and full value. 

Act of Feb. 25, '97; L. '97, C. 20, § 4; C. L. '97, § 1603. 

§ 4923. Id.— Sale. 

Sec. 117. Any or all of said lots may be sold at any time by such board of 
education either at public vendue to the highest bidder for cash, or at private sale 
for cash, in the discretion of the board of education: Provided^ That no block, 
lot, share or parcel of land shall be sold for less than the appraised value thereof. 

Act of Feb. 25, '97; L. '97, C. 20, § 5; C. L. '97, § 1604. 

§ 4924. Id.— Notice of sale. 

Sec. 118. When any of said blocks, lots, shares or parcels of land are to be 
sold at public vendue, the president of the board of education shall give notice, 
signed in his official capacity, of the time and place of sale of blocks, lots, shares 
or parcels of land to be sold, by advertisement, published in the county where such 
school district is situated, or if no newspaper is published in said county, then in 
the newspaper published nearest said school district. Such public sale shall be 
advertised to be made at some public place in said town, and to be sold at some 
specified time between the hours of sunrise and sunset. 

Act of Feb. 25, '97; L. '97, C. 20, § 6; C. L. '97, § 1605. 

§ 4925. Id.— Sale— Procedure. 

Sec. 119. Such lots or parcels of land shall be offered for sale singly, unless 
a greater price can be obtained by selling several lots or parcels of land together, 
in which case several lots or parcels of land can be sold together. Such public sale 
may be continued, if necessary, from day to day, for a period not to exceed three 
days at any one sale. 

Act of Feb. 25, '97; L. '97, C. 20, § 7; C. L. '97, § 1606. 

§ 4926. Id. — New appraisement. 

Sec. 120. A new appraisement of lots or parcels of land to be sold shall be 
made, in case no appraisement thereof has been made for three months next pre- 
ceding the date of such sale. Said new appraisement shall be made, either by the 
old board of appraisers, or a new board of appraisers, to be appointed in the same 
manner and with the same qualifications as the first board of appraisers. New 
boards of appraisers may be appointed whenever necessary to have any of said 
blocks, lots, shares or parcels of land appraised for sale. 

Act of Feb. 25, '97; L. '97, C. 20, § 8; C. L. '97, § 1607. 

§ 4927. Id. — Sale — Disposition of proceeds. 

Sec. 121. The moneys arising from the sale of said blocks, lots, shares and 
parcels of land, after defraying the expense of such sales, shall be paid into the 
treasury of such school district and applied to the support and maintenance of free, 
non-sectarian public schools, within the limits of any such school district, or used 
and expended by said school district in the erection of school buildings for the 
use of the public schools of said district and for furnishing such buildings, and 
for no other purpose. 

Act of Feb. 25, '97; L. '97, C. 20, § 9; C. L. '97, § 1608. 



§ 4928 Schools and School Districts 38 

§ 4928. Id. — Rights of person making improvements. 

Sec. 122. In all cases when prior to February 25, 1897, any person may have 
entered thereon and improved any lots belonging to such school district, such per- 
son, after the report of such board of appraisers, may purchase any of such lots 
from the said board of education for cash at the appraised value of said lots, ex- 
clusive of improvements. 

Act of Feb. 25, '97; L. '97, C. 20, § 10; C. L. '97, § 1609. 

§ 4929. Id. — Purchaser to pay expenses. 

Sec. 123. All persons purchasing any lots or parcels of land as above pro- 
vided shall pay for the drawing, execution and acknowledgment of the deed of 
conveyance, together with fifty cents to the clerk of such board of education, for 
attestation with seal of said board of education, by the clerk of said board. 

Act of Feb. 25, '97; L. '97, C. 20, § 11; C. L. '97, § 1610. 

§ 4930. Id.— Sale— Conveyances. 

Sec. 124. All conveyances of lots or parcels of land, mentioned in section 
4929, shall be signed by the president of the board of education and attested 
by the clerk of said board, and shall have the seal of said board of education 
affixed thereto, and be acknowledged by the president of the board of education in 
the same manner as other conveyances of real estate. 

Act of Feb. 25, '97; L. '97, C. 20, § 12; C. L. '97, § 1611. 
ARTICLE VII. SCHOOL FUNDS. 

SUB-DIVISION I. 

Section 

4931 Permanent school fund — Deposit in banks. 

4932 Id.— Interest. 

4933 Id.— Bond. 

4934 General school fund. 

4935 Forfeitures of penal bonds. 

4936 Poll tax — Levy and collection. 

4937 Id.— Posting list— Report. 

§ 4931. Permanent school fund — ^Deposit in banks. 

Sec. 125. The principal of the permanent school fund may be invested 
in an interest paying deposit in any bank or banks in this state, in the manner 
hereinafter provided in this article. 

Joint Resolution No. 14, L. 1913. 

§ 4932. Id.— Interest. 

Sec. 126. It shall be the duty of the Governor, State Treasurer, Attorney 
General and Secretary of State, to ascertain which bank or banks in the State will 
pay the highest rate of interest for the deposit of the said permanent school fund 
and deposit the same therein upon said bank or banks giving a bond as hereinafter 
required. 

Joint Resolution No. 14, L. 1913. 

§ 4933. Id.— Bond. 

Seo. 127. Before the making of the deposit of the said permanent school 
fund in any bank or banks applying therefor, the said bank or banks shall make, 
execute and deliver a bond to the state of New Mexico in a penalty which shall 
not be less than one and one-fourth the amount of the deposit applied for and 
which it is to receive, conditioned that such bank will promptly pay out to, the 
parties entitled thereto, all such public monies in its hands upon lawful demand 
made therefor and will whenever thereunto required by law, pay over to the state 



39 Schools and School Districts § 4934 

treasurer such monies. The surety on such bond shall be a surety company author- 
ized to do business under the laws of the state and such bond shall be approved as 
to form by the Attorney General and as to the sufficiency by the Governor, State 
Treasurer and Secretary of State. 

Joint resolution No. 14 of March 15, '13. 

In so far as this resolution requires the deposit in banks of the funds men- 
tioned it is beyond the legislative power and void. 
State V. Marron, 137 Pac. 845. 

§ 4934. General school fund. 

Sec. 128. The following are declared to be and are to be, temporary funds 
for common school purposes and shall be paid to the county treasurer to be applied 
by the county treasurer to the general school fund of each respective county. 

First. All forfeitures or recoveries on bonds of county, precinct or State school 
officers. 

Second. The proceeds of the sales of lost goods or estrays. 

Third. All moneys arising from licenses imposed upon wholesale and retail 
liquor dealers, distilleries, breweries, wine presses, which may be required to pay 
licenses. 

Thirty-three and one-third per cent, of all the moneys arising from the above 
enumerated sources, when collected, shall be paid in to the county treasurer to the 
account of the general county school fund of each county in which collected. The 
collector or person paying in the above enumerated moneys to the county treasurer 
shall receive from the county treasurer a receipt in full for the amount paid in. 
All moneys accruing under the provisions of this section shall on or before the 
first Monday in January, April, July and October in each year, be paid into the 
county treasury by the officer collecting the same, who shall take duplicate receipts 
therefor, one of which he shall file in the office of the county clerk, and all officers 
who fail for two consecutive terms to make such payment and file said duplicate 
receipts with the county clerk, or who shall have failed to make quarterly reports 
as required by law, shall be liable to indictment for malfeasance in office and false 
swearing, and the person so indicted shall upon conviction thereof be ineligible to 
hold said office for the period of two years thereafter; and judges of the district 
court shall be required at each term to give this section of the law in special charge 
to the grand jury, which body is authorized to especially inquire into and make 
presentment of offenses committed under this article. 

County treasurers shall quarterly, on or before the third Monday in March, 
June, September and December in each year, notify the county superintendents of 
schools in their respective counties of all funds coming into their hands for public 
school purposes during the preceding quarter and the total amount of moneys on 
hand then available for public school purposes. 

Act of Feb. 23, '93; L. '93, C. 59; C. L. '97, § 1548, as amended by Act of Mar. 
19, '03; L. '03, C. 119, §§ 17 and 19. 

As to proceeds of escheats, fines and forfeitures, see Constitution, Art. XII, Sec. 
4, which provides that they shall be part of current school fund of state and as to dis- 
position of balance of funds see Sec. 2900. 

Cited in Romero v. Bd. of Education, 10 N. M. 67; 61 Pac. 109; Opinion Atty. 
Gen. 1910-12, pp. 55-189. 

§ 4935. Forfeitures of penal bonds. 

Sec. 129.^ All moneys recovered on forfeited penal bonds or recognizances 
shall be paid into the court or school funds of the respective counties where the 
cause of action originated, or where such recovery may be had, at the discretion of 
the court trying said cause of action. 

Act of Feb. 16, '99; L. '99. C. 13, § 1. 

See Constitution, Art. XII, Sec. 4 



§ 4936 Schools and School Districts 40 

§ 4936. Poll tax— Levy and collection. 

Sec. 130. A poll tax of one dollar shall be levied upon all able bodied 
male persons of the age of twenty-one years or over, for school purposes. It shall 
be the duty of the clerks of the various school districts of the State of New 
Mexico to make out separate lists of all persons liable to pay a poll tax, resident in 
their respective districts and the said clerk shall receive three dollars, to be paid 
out of any funds in the hands of the directors of said school district for such serv- 
ice, and no other person shall receive a recompense for such service. It shall be 
the duty of the said school district clerk to collect said poll tax and said clerk shall 
receive ten per centum of all moneys collected from poll taxes. The school district 
clerks are hereby empowered to bring suit in the name of the school district for 
the collection of said poll tax, if not paid within thirty days after the first demand 
has been m.ade for the payment of same from any person so delinquent. All poll 
taxes shall be paid to the county treasurer for the use of the respective school dis- 
tricts in which the same are collected, and the treasurer shall pay to the school 
district clerk his percentage of the gross amount collected: Provided, That no 
resident of any school district shall pay his poll tax to any other district than the 
one in which he resides: And, Provided, Further, That no poll tax shall be re- 
ceived by any district clerk from any resident of any other school district. No 
property shall be exempt from execution in suits for collection of poll taxes and 
the justices of the peace and constables shall not demand fees in advance for such 
suits. 

Act of Mar. 14, '05; L. .'05, C. 61, § 1. 

For provisions for payment by employers of tax of employees see Sec, 2675. 

§ 4937. Id.— Posting list— Report. 

Sec. 131. It shall be the duty of the school district clerks to make at least 
four copies of the names of persons liable to pay poll tax, and on the first Monday 
in February he shall post one of said lists in some conspicuous place in their 
respective districts for the information of the people, and on or before the first 
Monday in April the school district clerks shall report to the county clerk a com- 
plete list of said persons liable to pay a poll tax in their respective districts, and 
shall report said list to the county superintendent in writing, and shall report to 
said superintendent the amount of poll tax collected, from whom collected, the 
names of persons still delinquent and the reasons for such delinquency, and further 
one list of such persons liable to pay a poll tax shall be filed in the office of said 
clerks. 

Act of Mar. 14, '05; L. '05, C. 61, § 2. 

SUB-DIVISION 11. 

4938 Public schools — County levy. 

4939 Public schools — Reserve fund created — Five months school. 

4940 Public schools— Reserve fund— Distribution. 

4941 Id. 

4942 Id. 

4943 School directors — Directors and boards of education — Powers. 

4944 School directors and boards of education to certify estimated expenses to county 

commissioners. 

4945 Public schools — County levy for — Distribution of proceeds. 

4946 Public schools— Additional levy for. 

4947 School districts— Sinking fund— Surplus. 

§ 4938. Public schools— County levy. 

Sec. 132. The Board of County Commissioners of each county shall 
annually levy and collect a tax of one-half of one mill on the dollar upon all the 
taxable property in the county for the maintenance of the public schools, the pro- 
ceeds whereof shall be paid over to tlie state treasurer as are other state taxes and 
shall be added to the current school fund. 

Act of June 10, '12; L. '12, C. 51, § 1. 

Bepealed L. '15, C. 4, | 11, L. '15, C. 79, { 11, Appendix. 



41 Schools and School Districts § 4939 

§ 4939. Public schools— Reserve fund created— Five months school. 

Sec. 133. On the first Monday of March, June, September and Decem- 
ber in each year, the State Treasurer shall credit one-half of the current school 
fund to a separate fund to be known as the reserve fund which shall be used for the 
maintaining of a school for the full period of five months. The treasurer shall 
make a complete statement of all the monies in said current school and reserve 
funds and certify the same to the Superintendent of Public Instruction. 
Act of June 10, '12; L. '12, C. 51, § 2. 
Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4940. Public schools — Reserve fund — Distribution. 

Sec. 134. Within twenty days thereafter, the said Superintendent shall make 
an apportionment of the money in the said current school fund among the several 
counties prorata according to the enumeration of children of school age in each 
county, as shown by the latest returns from the county superintendent of schools 
and shall certify the apportionment for each county to the state treasurer and 
auditor and to the treasurer and superintendent of schools in each county, and the 
said auditor shall draw his warrant on the state treasurer in favor of the proper 
county treasurer for the amount apportioned to his county, and said money shall 
become a part of the general county school fund, and shall be apportioned as other 
monies in said fund. 

Act of June 10, '12; L. '12, C. 51, § 3. 

Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4941. Id. 

Sec. 135. The reserve fund described in section 4939 shall be distributed 
among school districts in which the income from the annual special school tax of 
fifteen mills plus the regular apportionment from the county general school fund 
shall not be suificient for the maintaining of school for the full period of five months, 
and the reserve fund shall be so distributed among such districts as to enable each 
district to hold school for the said period. For the purpose of this subdivision the 
words, "district or school district" shall include cities, towns, and villages, and 
districts outside of such municipalities. 

Act of June 10, '12; L. '12, C. 51, § 4. 

Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4942. Id. 

Sec. 136. "\\Tienever. the income of a school district as hereinbefore set forth 
is not sufficient for the maintaining of a school for the full term of five months, 
the county superintendent of schools of the county, in which such district is sit- 
uated, shall furnish the state superintendent with evidence satisfactory to him of 
the existence of such fact. Upon being satisfied thereof the state superintendent 
shall make requisition upon said reserve fund through the state auditor in favor 
of the treasurer of said county, to be by him credited to the proper school district, 
for such amount as will be sufficient together with such income for the maintain- 
ing of a school for the full term of five months in said district. Provided, how- 
ever, that for the purpose of this subdivision the amount which any school district 
shall expend for maintaining a school for the full term of five months shall not ex- 
ceed the sum of three hundred dollars for each school room, and that for the pur- 
poses of this subdivision, no school district shall be entitled to more than one school 
room for each fifty children of school age or fraction thereof in such district. 

At the end of each fiscal year, the state treasurer shall return the balance 
remaining in said reserve fund to the current school fund. 
Act of June 10, '12; L. '12, C. 51, § 5. 
Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4943. School directors and boards of education — Powers. 

Sec. 137. The school directors of each school district and the boards of 
education of cities, towns, and villages, whether incorporated under general or 
special law, shall have power and are required to provide by purchase or lease 



§ 4944 Schools and School Districts 42 

suitable school houses, to keep said school houses in repair, to provide same with 
necessary furniture and fuel, to provide for the payment of teachers' wages and in- 
terest on school bonds and for the redemption thereof, and defray all other con- 
tingent expenses connected with the proper conduct of the public or common schools- 
Act of June 10, '12; L. '12, C. 51, § 6. 
Bepealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4944. School directors to certify estimated expenses to county commis- 
sioners. 

Sec. 138. It shall be the duty of such school directors on or before the first 
day of June in each year to make and certify to the board of county commissioners 
of their respective counties an estimate of the amount of funds necessary for such 
purposes for the ensuing year. 

Act of June 10, '12; L. '12, C. 51, § 7. 

Eepealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

For procedure in cities and towns see Sec. 5472. 

§ 4945. Public schools — County levy for — ^Distribution of proceeds. 

Sec. 139. The board of county commissioners of each county shall annually 
at the time of levying other taxes levy a special school tax upon all the taxable 
property in each of such districts, which, together with the other revenues pro- 
vided by law, will be sufficient to produce the amount required for such purposes 
as stated in such estimate. In case said board shall disapprove such estimate or 
in case the school directors of any district fail to make an estimate, the board of 
county commissioners shall levy such special school tax for such district as in its 
opinion will be sufficient to provide the necessary funds for the purposes specified 
in section 4943. Provided, That the special school tax shall not exceed fifteen 
mills in districts other than incorporated cities, towns and villages, and twenty 
mills in such cities, towns and villages. 

The proceeds of such special school tax for such cities, town? and villages 
ehall be paid to the treasurers of the several boards of education. The county 
treasurer shall take duplicate receipts therefor, one of which he shall file in his 
office and the other he shall transmit to the clerk of the proper board of education. 

The proceeds of such special school tax for school districts other than incor- 
porated cities, towns and villages shall be credited by the county treasurer to the 
respective school districts. 

Act of June 10. '12; L. '12, C. 51, § 8. 

Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4946. Public schools — Additional levy for. 

Seo. 140. To further provide the necessary funds for the conduct of the 
public schools of the county, the board of county commissioners shall annually on 
or before the first day of August in each year, levy a general county school tax of 
three mills on the dollar upon all the taxable property of the counties to be assessed 
and collected as other taxes are assessed and collected. The proceeds of this levy 
shall bo placed to the credit of the general county school fund. 

Act of June 10, '12; L. '12, C. 51, § 9. 

Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 

§ 4947. School districts— Sinking fund— Surplus. 

Sec. 141. Any surplus in the sinking fund of any school district may be 
applied by the directors of said district to ihe building of additional school houses 
or to the enlargement of their present school buildings. 

Act of June 10, '12; L. '12, C. 51, § 10. 

Repealed L. '15, C. 4, § 11, L. '15, C. 79, § 11, Appendix. 




43 Schools and School Distrij^s <^^'^_^?,^v 1 ^^^^ 

ARTICLE VIIL TEACHERS. 
For necessity of certificates see section 4810. 

Section 

4948 Teachers having tuberculosis — Employment prohibited. 

4949 Teachers — Health certificate required. 

4950 Health certificate — Fee. 

4951 Teachers having tuberculosis — Finding of physician — Appeal. 

4952 Teachers having tuberculosis— Finding of physician — Second examination prohib- 

ited — Appeal. 

4953 Teachers— Complaint against for health reasons. 

4954 Teachers' wages. 

4955 Teachers— Payment monthly. 

4956 Teachers — Record and reports — Failure — Salary warrants. 

4957 Teachers — Qualifications — History and civics. 

4958 New Mexico history and civics to be taught. 

4959 History of New Mexico — Preparation and sale. 

§ 4948. Teachers having tuberculosis — Employment prohibited. 

Sec. 142. No person shall be employed as a school teacher, instructor or 
professor in any public school or other educational institution, in the State of 
Kew Mexico, supported in whole or in part by revenues derived from taxes paid 
into the public treasury by the taxpayers of this State, who shall be afflicted 
with the disease called tuberculosis, commonly known as consumption, in a trans- 
missible form. 

Act of Mar. 18, '01; L. '01, C. 43, § 1. 

§ 4949. Teachers — Health certificate required. 

Sec. 143. Before any person shall be employed as a school teacher, instructor 
or professor in any public school or other educational institution in this State, 
he shall file with the governing authorities of the school district, board of educa- 
tion, board of regents or other governing educational body of any university or 
college, a certificate from any reputable physician, who is a resident of New Mexico 
and has a license to practice medicine in New Mexico, and who is not himself 
afflicted with the disease, that the said person is not at the time of the examination 
to be made by said physician, afflicted with the said disease called tuberculosis, 
commonly known as consumption as hereinbefore defined. 

Act of Mar. 18, '01; L. '01, C. 43, § 2, as amended by L. '03, C. 92, § 1. 

§ 4950. Health certificate— Fee. 

Sec. 144. For the making of the said examination and for the making of the 
certificate provided for, the physician making the same shall charge a fee of two 
dollars and no more. 

Act of Mar. 18, '01; L. '01, C. 43, § 4. 

§ 4951. Teachers having tuberculosis — Finding of physician — Appeal. 

Sec. 145. Whenever such physician shall find the applicant to be afflicted 
with tuberculosis, or what is commonly known as consumption, it shall be his duty 
to at once notify the superintendent of public instruction of New Mexico, giving 
the name, age and sex of the applicant, together with the date of examination, and 
a general statement of the case. Whereupon it shall be the duty of said superin- 
tendent to at once notify the school superintendents of each county in New Mexico 
of the infoiTQation he has received. And in case any applicant so examined shall 
feel aggrieved he may take appeal to the New Mexico board of health and present 
himself for examination, and it shall be the duty of said board of health to thor- 
oughly examine such person, and the result and decision of said board shall be final, 
and such decision shall be certified by it to the superintendent of public instruc- 
tion of New Mexico, who shall thereupon notify the different school superintendents 
of each county. 

Act of Mar. 18, '03; L. '03, C. 92, § 1. 



§ 4952 ' Schools and School Districts 44 

§ 4952. Teachers having tuberculosis — Finding of Physician — Second ex- 
amination prohibited — Appeal. 

Sec. 146. No person who has been examined by a physician as above pro- 
vided, and has been rejected by such physician shall apply to any other physician 
for examination or certificate, but he shall have right of appeal to the board 
of health of New Mexico. And if any person shall apply to any other physician in 
violation of this section, he shall be deemed guilty of a misdemeanor, and upon 
conviction shall be fined in any sum not to exceed one hundred dollars ($100.00) 
and shall not be eligible as a school teacher in any county of New Mexico. 

Act of Mar. 18, '03; L. '03, C. 92, § 2. 

For disposition of fine see Constitution, Art. XII, Sec. 4. 

§ 4953. Teachers — Complaint againsi; for health reasons. 

Sec. 147. If at any time there shall be lodged with the governing authorities 
of any school district, board of education, board of regents or other governing 
educational body, a complaint signed by any taxpayer of this State, setting forth 
that in his opinion any school teacher, instructor or professor is afflicted with the 
disease known as tuberculosis, commonly called consumption, as hereinbefore 
defined such governing authorities, board of education, board of regents or other 
educational body shall forthwith require such person so claimed to be afflicted with 
tuberculosis, to submit to an examination by any reputable physician, who is a 
resident of New Mexico and has a license to practice medicine in New Mexico, and 
who is not himself afflicted 'v\dth the disease, and unless such person shall within 
ten days thereafter file with the school authorities a certificate of such physician, 
that he is not afflicted with the disease commonly known as tuberculosis or con- 
sumption, such person shall be forthwith discharged from emploj^mcnt as such 
teacher, instructor or professor, and no warrant or order for any salary or wages 
to any such person, shall be paid by any school or other treasurer until such cer- 
tificate shall have been obtained and filed as provided for in this section. 

Act of Mar. 18, '01; L. '01, C. 43, § 5, as amended by L. '03, C. 92, § 1. 

This section does not prevent the dismissal of a school teacher for reasons 
other than those stated. 

State v. Board of Education, 18 N. M. 183, 135 Pac. 96. 

§ 4954. Teachers' wages. 

Sec. 148. The maximum salary that shall be paid to any teacher employed 
to teach in the public schools in this State holding a certificate not higher than a 
third grade shall be fifty ($50.00) dollars per month; the maximum salary that 
shall be paid to a holder of a certificate not higher than a second grade shall be 
seventy-five ($75.00) dollars per month; Provided, That permits shall in no case 
be classed as higher than a third grade certificate, but if a holder of a permit shall 
secure a regular teachers' certificate during the term for which he is engaged, the 
salary for the entire term may be fixed in accordance with the grade of said cer- 
tificate; Provided, further, That a teacher employed in any of the public schools 
of this State shall be entitled to full pay for a period not to exceed one month during 
which the school may be closed by the board of school directors, board of education, 
or board of health, on account of loss by fire, danger from contagious disease, or 
other similar cause. These provisions shall apply to the public schools in cities, 
towns, and villages as well as in rural districts. Any school director, member of 
board of education, or other person violating the terms of this section shall, upon 
conviction in a court of competent jurisdiction, be fined in the sum not less than ten 
($10.00) dollars nor more than one hundred ($100.00) dollars, or imprisoned for 
a term not less than ten days nor more than ninety days, and may be removed from 
office by proper procedure. 

Act of Mar. 21, '07; L. '07, C. 97, § 26, as amended by L. '09, C. 121, § 10. 



45 Schools and School Districts § 4955 

§ 4955. Teachers— Payment monthly. 

Sec. 149. All public school teachers engaged in teaching within incorporated 
cities, towns and villages, as well as in any other public schools in the State of New 
Mexico, shall be paid monthly, unless there are no funds available in which event 
they shall be paid so soon as the funds are available therefor. 

Act of Mar. 19, '01; L. '01, C. 57, § 1. 

§ 4956. Teachers — Record and reports — Failure — Salary warrants. 

Sec. 150. Every person employed to teach a school shall keep a proper record, 
and at the end of each term, make a report to the county superintendent, showing 
the whole number of pupils that have attended school during such term, giving the 
names, age and sex, the average daily attendance, the branches taught, and such 
other facts as may be deemed important as showing the character of the school 
and the proficiency of the pupils; and for failure to make such report, he may be 
fined in the sum of not more than fifty dollars, upon conviction before any justice 
of the peace. No person shall be paid any money for teaching any school outside 
of incorporated cities, towns and villages, until an order is presented, signed by 
two of the school directors of the proper district and indorsed by the county super- 
intendent. 

Act of Feb. 12, '91; L. '91, C. 25, § 23; C. L. '97, § 1536. 

§ 4957. Teachers— Qualifications — History and civics. 

Sec. 151. No teacher of the first and second grades shall be granted a cer- 
tificate to teach, by the Board of Education of the State of New Mexico, unless 
said teacher shall have passed a satisfactory examination in the History and Civics 
of the United States, as well as in the History and Civics of the State of New 
Mexico. 

Act of June, 8, '12; L. '12, C. 41, § 1. 

§ 4958. New Mexico history and civics to be taught. 

Sec. 152. It shall be the duty of the teachers in the public schools in the 
State to give such instruction as is practicable in the History and Civics of the 
United States, with special reference to the History and Civics of the State of New 
Mexico, which said instruction may be given orally or by study of text books cover- 
ing the subject and which said text books shall have been adopted by the State 
Board of Education. 

Act of June 8, '12; L. '12, C. 41, § 2. 

§ 4959. History of New Mexico — Preparation and sale. 

Sec. 153. The said History and Civics of the State of New Mexico shall be 
prepared by a known historian of the State and shall be sold at a price to be fixed 
by the State Board of Education not to exceed one dollar per volume. 

Act of June 8, '12; L. '12, C. 41, § 3. 

ARTICLE IX. COMPULSORY ATTENDANCE. 

Section 

4960 School attendance compulsory, 

4961 Failure to send children to school — Penalty — Books for indigent children. 

4962 Compulsory education — Enforcement — Charge to grand jury. 

§ 4960. School attendance compulsory. 

Seo. 154. The school directors or board of any school district, town or 
city in this State are empowered and required to compel parents, guardians or 
other persons having the control, care or direction of children, when such children 
do not attend some private or denominational school, to send such children under 
their control to the public school during the entire time such school is in session 



§ 4961 Schools and School Districts 46 

in each scholastic year in their respective school communities, except that children 
referred to in this article shall be not less than seven nor more than fourteen years 
of age, or of such physical disability as to unfit them for school duties, which 
disability shall be certified to by some regular practicing physician. Provided, 
That the private or denominational school shall be equal in its teaching to the 
public school of the district; and Provided, further. That this section shall not apply 
to children who live more than three miles from a public school. 

Act of Mar. 12, '03; L. '03, C. 39, § 1, as amended by L. '09, C. 121, § 1. 

§ 4961. Failure to send children to school — Penalty — Books for indigent 
children. 

Sec. 155. Any parent, guardian or other person having the control of chil- 
dren and who shall fail or refuse to send such children to school as required by 
this article, after the clerk of the school district or the clerk of any town or city 
school board shall have given public notice containing the substance of this article, 
written or printed in both English and Spanish, by posting same in some con- 
spicuous place at three separate points within the district, or publishing the same in 
some newspaper within the district, shall be punished upon conviction thereof by a 
fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), 
or by imprisonment for not more than ten days in any county jail : Provided, that 
if such parent or guardian is not able, by reason of poverty, to buy books for any 
such child, it shall be the duty of the school board of any town, district or city, 
upon the facts being shown to the satisfaction of a majority thereof, to purchase, 
through the county superintendent or through the district, town or city superin- 
tendent, if there be one, the necessary books for the use of said child or children, 
which books shall be loaned to said indigent pupil daring the school term, yet shall 
remain the property of the district under the care and custody of the district clerk : 
Provided, further, that a sum not exceeding fifty dollars ($50.00) may be expended 
in any district in any one year for supplying indigent children with such necessary 
books, to be paid for out of the school fund of such district, by warrants drawn as 
in other cases. 

Act of Mar. 12, '03; L. '03, C. 39, § 2. 

§ 4982. Compulsory education — Enforcement — Charge to grand jury. 

Sec. 156. County superintendents are vested with general supervisory powers 
in this matter and shall require directors to comply with the provisions of the 
preceding section; and it shall be the duty of the presiding judge of the district 
courts to give, at each session of the court, the substance of this article as a special 
charge to their respective grand juries, ^nd it is made the duty of the district at- 
torneys to give particular heed to the prosecution of causes growing out of viola- 
tions of this article. 

Act of Mar. 12, '03; L. '03, C. 39, § 3. 

ARTICLE X. COUNTY HIGH SCHOOLS. 

Section 

4963 Establishment. 

4964 County high schools— How established— Petition— Election. 

4965 Id. — Free admission. 

4966 Id. — Management. 

4967 Boards of education and school directors- Women eligible. 

4968 County high schools — Levy. 

4969 Id.— Distribution. 

4970 Id.— Cost of building. 

4971 Id.— District bonds for site and building. 

4972 Id.— Courses in. 

4973 Id. — Management. 



47 Schools and School Districts § 4963 

§ 4963. Establishment. 

Sec. 157. County High Schools may be established as hereinafter provided 
in this article in each county in this State. 

Act of Mar. 11, '13; L. '13, C. 20, § 1. 

§ 4964. Id.— Petition—Election. 

Sec. 158. When petitioners to the number of one-fifth of the electors of the 
county^ including women qualified as provided in section 1, Article YII of the 
State Constitution, sball petition to the board of county commissioners of any 
county requesting that an election be called to determine the question of estab- 
lishing a county high school in such county at a place named in said petition, it 
shall be the duty of said board of county commissioners to call an election for said 
purpose not less than thirty days following the meeting of said board at which such 
petition is received. Said election shall, in all matters not provided for in this 
article be called, conducted and the returns made and canvassed as provided by law 
for the election of county officers. At said election the ballots shall read "For a 

county high school at ^' and "Against a county high school at ^^ 

If a majority of votes cast at said election shall be in favor of establishing such 
high school it shall be the duty of said board to establish a high school at the place 
named in said petition by executing a certificate under the seal of said board, of 
which certificate duplicates shall be delivered to the county clerk and the assessor 
of said county. 

Act of June 10, '12; L. '12, C. 57, § 2. 

§ 4965. Id. — Free admission. 

Sec. 159. All children of school age residing in said county who have passed 
the elementary course of study in the eighth grade, as prescribed by the Board of 
Education of the State or the district wherein any such school is located, shall be 
admitted to such county high school free of tuition. 

Act of June 10, '12; L. '12, C. 57, § 3. 

§ 4966. Id.— Management. 

Sec. 160. The management and government of each of said high schools 
shall be under the control of the Board of Education or school directors of the city 
or district where said school is established and maintained. 

Act of June 10, '12; L. '12, C. 57, § 4. 

§ 4967. Boards of education and school directors — ^Women eligible. 

Sec. 161. The county superintendent, by virtue of his office, shall be a mem- 
ber of said board. All members of the board of education or school directors, ex- 
cept the school superintendent, shall be elected and the board shall organize in the 
same manner as provided by law except that women qualified by law shall have 
the right to vote and hold the office of member of the board of education or school 
director in the city or district where the county high school is established. 

Act of June 10, '12; L. '12, C. 57, § 5. 

§ 4968. County high school — Levy. 

Sec. 162. For the purpose of maintaining county high schools the boards of 
education or school directors of all the county his^h schools established in any county 
of the State under this article shall be permitted to levy, in addition to the levies 
provided by law, an additional levy to be known as the county high school levy 
which shall not exceed two mills upon the dollar. 

Act of June 10, '12; L. '12, C. 57, § 6. 

See L. '15, C. 54, § 12, Appendix. 



§ 4969 Schools and School Districts 48 

§ 4969. Id.— Distribution. 

Sec. 163. Said levy made for County High Schools shall be certified to the 
County Clerk of the county in which said high school or schools are situate by the 
president and secretary of each of said boards and the county clerk is directed to 
certify the same to the assessor of said county who shall place the same upon 
the tax rolls of said county and said taxes shall be collected in the same manner as 
other taxes, and when collected the county treasurer shall place the same to the 
credit of the district or districts where any such county high school or schools are 
situate, in a separate fund known as the County High School Fund. 

The Treasurer of said county shall apportion said high school fund among the 
high schools of the county established under this article, and if there be more than 
one such high school, in the ratio shown by the number of children attending such 
high schools during the preceding year. Provided, however, that no child shall be 
counted in determining said ratio who has attended said high school for less than 
half of the regular sessions of its high school year. At the end of each high school 
year the president and secretary of the board of school directors of each district 
Having such high school shall certify under oath to the treasurer of the county the 
number of such pupils attending the high school during the preceding year as the 
basis for apportionment of the county high school fund. Provided, further, that 
when an additional high school shall be established it shall receive during the first 
school year not to exceed one-third of the monies then in the county high school 
fund. Provided, further, that more than one high school may be established and 
designated as a county high school in any year, and in that case, the county high 
school fund shall be apportioned among such schools on the basis of attendance 
during the preceding high school year for such schools. High schools now located 
and established in any county of the State shall be designated and established as 
county high schools as provided in this article. 

Act of Mar. 11, '13; L. '13, C. 20, § 2. 

§ 4970. Id.— Cost of building. 

Sec. 164. It is hereby expressly provided that the cost of site, location of 
building and erection and cost thereof for any such county high school shall be 
entirely borne by the district where such high school is established, and the county 
high school fund hereinbefore provided for shall be used only for the maintenance 
and operation of the said county high school or high schools. 

Act of June 10, '12; L. '12, C. &7, § 8. 

§ 4971. Id.— District bonds for site and building. 

Sec. 165. The board of education or school directors of the district where 
any such county high school is established shall proceed as soon as practicable after 
the establishment of said county high school to secure the necessary site and build- 
ings and are hereby authorized to bond the said district as now provided by law 
for the purpose of providing the necessary site and buildings. 

Act of June 10, '12; L. '12, C. 57, § 9. 

§ 4972. Id.— Courses in. 

Sec. 166. The board of education or school directors of the district where 
any such county high school is established shall add to the course of study provided 
for such school the additional branches of manual training, domestic science, the 
elements of agriculture and commercial science. 

Act of June 10, '12; L. '12, C. 57, § 10. 

§ 4973. Id.— Management. 

Sec. 167. The board of education or school directors of the district where 
any such county high scliool is established shall employ and discharge teachers, 
regulate their salaries and shall have the power and authority to make all necessary 



49 Schools and School Districts § 4974 

rules arxd regulations and to do all things for the proper management and control 
of said county high school. 

Act of June 10, '12; L. '12, C. 57, § 11. 

ARTICLE XI. NORMAL SCHOOLS. 
Section 

4974 Names. 

4975 Board of regents — Corporate pov/ers. 

4976 President and secretary and treasurer — Election — Bond of secretary. 

4977 Board of agents — Meetings — Quorum. 

4978 Id. — Powers — Superintendent — Studies — Admission of students. 
4S79 President and secretary — Duties — Reports. 

4980 Board of regents and secretary — Compensation. 

4981 Railroad fare for normal school students. 

4982 The New Mexico Normal University — Manual training — Kindergarten training 

school. 

4983 Nonsectarian. 

4984 Eminent domain — Condemnation. 

4985 Spanish-American normal school — Establishment — Location. 

4986 Management — Trustees, appointment, etc. 

4987 Instruction — Scholars obliged to teach — Entrance qualifications. 

§ 4974. Names. 

Sec. 168. The State educational institution at Las Vegas, shall be known 
by the name and title of the Xew Mexico Normal University; and the State edu- 
cational institution at Silver City, shall be known by the name and title of the 
New Mexico Normal School. 

§ 4975. Board of regents — Corporate powers. 

Sec. 169. Said normal schools shall each be controlled and managed by a 
board of regents consisting of five members to be appointed by the governor, by 
and with the advice and consent of the senate for a term of four years, and not 
more than three of whom shall belong to the same political party at the time of 
their appointment. The members of such board shall be qualified electors of the 
State and owners of real estate therein. Each such board shall constitute a body 
politic and corporate, and shall have power to sue and be sued, to contract and be 
contracted with, and the title to all property belonging to each such normal school 
shall be vested in the respective corporate bodies and their successors. 

Act of Feb. 11, '93; L. '93, C. 19, § 3; C. L. '97, § 8652; Constitution, Art. XII, § 13. 

As to qualifications of members, see Constitution, Art. VII, § 2. 

§ 4976. President and secretary and treasurer — Election — Bond of secretary. 

Sec. 170. Each of such boards shall annually elect one member thereof as 
president and another member as secretary and treasurer, and such officers shall hold 
their offices until their successors shall be elected and qualified. The secretary and 
treasurer shall execute his bond to the State of New Mexico for not less than twenty 
thousand dollars, with at least two freehold sureties, residents of the State, which 
shall be conditioned for the faithful performance of the duties of such secretary and 
treasurer, and shall be approved by the governor and filed in the office of the sec- 
retary of state. 

Act of Feb. 11, '93; L. '93, C. 19, § 4; C. L. '97, § 3653. 

§ 4977. Board of regents — Meetings — Quorum. 

Sec. 171. Each of said boards of regents shall hold at least four meetings 
during each year at their respective normal schools for the purpose of discharging 
their duties, the time of such meetings to be fixed by such board, and the president 
of such board may call special meetings thereof when in his judgment the business 
of such schools demands the same. Three members of such boards shall constitute 
a quorum for the transaction of business. 

Act of Feb. 11, '93; L. '93, C. 19, § 5; C. L. '97, § 3654. 



§ 4978 Schools and School Districts 50 

§ 4978. Id. — Powers — Superintendent — Studies— Admission of students. 

Sec. 172. Said boards of regents shall have full and complete power and 
control over their respective normal schools. Bach board shall emplo}' a superin- 
tendent or principal for such school who shall have the supervision and control 
of the school under such rules and regulations as may be provided by such board. 
Such board shall determine and provide as to what branches of learning shall be 
taught in such school and the classification and order of the same, and shall also 
direct the number of teachers that shall be employed, and shall determine the com- 
pensation to be paid to the superintendent and teachers. Such board shall also 
prescribe upon what teims and conditions pupils shall be admitted to such school, 
but no pupils shall be admitted who are not residents of this State, except on 
payment of a tuition fee to be prescribed by the board of regents for each term. 

Act of Feb. 11, '93; L. '93, C. 19, § 6; C. L. '97, 3655, as amended by L. '99, 
C. 18, § 4. 

§ 4979. President and secretary— Duties— Reports. 

Sec. 173. The president of each board shall preside at all meetings thereof 
and shall sign the proceedings of the same, and shall sign all orders directed by 
the board to be drawn upon the treasurer thereof for the payment of money. In 
the absence of the president at any meeting of the board, the members present 
shall elect a president p'o tem. The secretary of the board shall have charge of the 
records, books, and papers belonging to such board, and shall keep a record of the 
proceedings of such board, and shall issue and attest all orders directed by the 
board to be drawn upon the treasurer of the same for the payment of money. Such 
'secretary, as treasurer, shall have the care and custody of all moneys belonging to 
such school, and he shall pay out the same only upon orders drawn upon him by 
direction of' the board of regents and signed by the president thereof; and at each 
regidar meeting of such board such treasurer shall submit to the same a statement 
showing a full account of the condition of financial affairs of such school. 
Act of Feb. 11, '93; L. '93, C. 19, § 7; C. L. '97, § 3656. 

§ 4980. Board of regents and secretary — Compensation. 

Sec. 174. The members of the respective boards of regents shall be entitled 
to the sum of two dollars per day during the time they shall be employed in the 
actual discharge of their duties, and five cents per mile for each mile necessarily 
traveled in going to and returning from their places of residence to the place of 
meeting of such board; but the person who is elected as secretary and treasurer of 
such board shall be entitled to receive three dollars per day during the sessions of 
such board, and mileage as above provided. 

Act of Feb. 11, '93; L. '93, C. 19, § 8; C. L. '97. § 3657. 

§ 4981. Railroad fare for normal school students. 

Seo. 175. The Board of Regents of the New Mexico Normal University and 
tlio ^rw ^[oxico Normal School are hereby empowered and directed to set aside 
out; of flic icmilar appropriation for each of these institutions, the sum of Fifteen 
irii!i(liv(l JJoUars, to pay the railroad fare in excess of seventy-five miles, both going 
to Jiiiil (oming from said institutions, of all persons who enroll with a view of 
pivp.ninir to teach in the schools of New Mexico. Provided, that such students 
sliall 1)(! l)ona fido residents of New Mexico at the time of entering such institution, 
shall liavc attendiMl continuously for not less than eight weeks, and shall file with 
tlip ]H'(«^i(!('iif of (he iiistitiifion n dorlnrntion of their intention to teach in the Stat'^ 
of New Mcxicn. Tlic i;iilr(»a<l fare ilius ])rovided for shall be paid but once each 
scholastic year and over the shortest practical route of travel. 
Act of Mar. 18, '13; L. '13, C. 83, § 2. 

This Is from the appropriation act of 1913, In which it appears twice. See pp. 
125 and 135 of session laws. 

See L. '15, C. 45, § 3, Appendix. 



51 Schools and School Districts § 4982 

§ 4982. The New Mexico Normal University — Manual Training- — Kinder- 
garten training school. 
Sec. 176. There are hereby established as branches or departments of said 
N'ew Mexico Normal Universit}^, to be carried on at Las Vegas, a school of manual 
training for the State of New Mexico, the object of which shall be to instruct 
pupils, and to train and qualify teachers to teach the use of hands and tools in the 
various useful arts of practical value to the people of the State; and also a kinder- 
garten training school to qualify teachers of the State to use that system of teach- 
ing in the primary schools. 

Act of Feb. 17, '99; L. '99, C. 18, § 2. 

§ 4983. Nonsectarian. 

Sec. 177. Said institution shall be forever strictly non-sectarian in its char- 
acter and management, and no creed or system of religion shall be taught, prac- 
ticed, or exercised in it. 

Act of Feb. 17, '99; L. '99, C. 18, § 3. 

See Constitution, Art. XII, Sec. 9, and Art. XXI, Sec. 4. 

§ 4984. Eminent domain — Condemnation. 

Sec. 178. The provisions of section 5152 shall be applicable to the New 
Mexico Normal University with the same force and ffect as if said institution had 
been one of those mentioned therein. 

Act of Feb. 17, '99; L. '99, C. 18, § 6. 

§ 4985. Spanish-American Normal school — Establishment — Location. 

Sec. 179. The object of the Spanish-American School at El Eito shall be to 
educate Spanish-speaking natives of New Mexico for the vocation of teachers in 
the public schools of the counties and districts where the Spanish language is preva- 
lent. 

Act of Mar. 18, '09; L. '09, C. 97, § 1. 

§ 4986. Management — Trustees, appointment, etc. 

Sec. 180. The management and control of said Spanish-American School, 
the appointment, qualification, powers and duties of its regents, shall be the same 
as provided for the New Mexico Reform School and other institutions so far as 
applicable. 

Act of Mar. 18, '09; L. '09, C. 97, § 2. 

§ 4987. Instruction — Scholars obliged to teach — Entrance qualifications. 

Sec. 181. The courses of instruction at said Spanish-American school shall 
be particularly arranged for the training and qualification of teachers to give in- 
structions in English in the ordinary rural public schools of the State, and especially 
in those where the greater part of the scholars belong to Spanish-speaking families. 

Every scholar admitted to said school shall sign an obligation agreeing, in 
case he or she graduates, to teach at least two years in public schools of the State, 
unless excused for good cause by the State Board of Education. 

No scholar shall be received in said school who has not passed the fourth 
grade as established in the public schools of New Mexico in a satisfactory manner; 
or passes a satisfactory examination for entrance in the fifth grade ; and the regents 
of said school are directed to make regulations to insure compliance with this pro- 
vision. 

Act of Mar. 18, '09; L. '09, C. 97, § 3. 



§ 4988 Schools and School Districts 52 

article xii. military institute. 

Section 

4988 Board of regents — Compensation. 

4989 President — Secretary and treasurer — Duties. 

4990 Purpose and standard. 

4991 Board of regents — Powers. 

4992 Sale of lands. 

4993 President — Execution of deeds, etc. 

4994 Tuition. 

4995 Military rank of officers. 

4996 Military division of cadets. 

4997 Ordnance and stores — Custody — Report. 

4998 Annual inspection by adjutant general. 

4999 Commissions for cadets in national guard. 

§ 4988. Board of regents — Compensation. 

Sec. 182. The New Mexico Military Institute, at Roswell, shall be "under the 
supervision and control of a board of five regents, to ser\^ without compensation, 
to be appointed by the governor, by and with the advice and consent of the senate 
for a term of four years, and not more than three of them shall belong to the same 
political party at the time of their appointment. 

Act of Feb. 23, '93; L. '93, C. 41. § 2; C. L. '97, § 3661. 

See Constitution, Art. XII, Sec. 13. 

§ 4989. President — Secretary and treasurer — ^Duties. 

Sec. 183. The said board shall organize and elect from their number, a presi- 
dent and secretary and treasurer, who shall do and perform all the duties that shall 
be incumbent upon them as such officers. 

Act of Feb. 23, '93; L. '93, C. 41, § 3; C. L. '97, § 3662. 

§ 4990. Purpose and standard. 

Sec. 184. It shall be the duty of the board of regents to maintain and con- 
trol, at Roswell, a military institute for the education and training of the youth of 
this country, of as high a standard as like institutions in other states and territories. 

Act of Feb. 23, '93; L. '93, C. 41, § 4; C. L. '97, § 3663. 

§ 4991. Board of regents — Powers. 

Sec. 185. The said board shall have full power and authority to make such 
rules and regulations concerning the government and course of said institute as 
they may deem proper; to make contracts with teachers; to erect buildings and 
make such other improvements as the institute may require. 

Act of Feb. 23, '93; L. '93, C. 41, § 5; C. L. '97, § 3664. 

§ 4992. Sale of lands. 

Sec. 186. The said board of regents shall have power to sell, lease or other- 
wise dispose of, as to them may seem best for the benefit of the institute, the lands 
and property donated by the citizens of Chaves county to said institute before 
February 23, 1893, except forty acres surrounding the site of the institute, which 
shall be forever set apart for the use of the institute. 

Act of Feb. 23, '93; L. '93, C. 41, § 6; C. L. '97, § 3665. 

§ 4993. President — Execution of deeds, etc. 

Sec. 187. That all deeds for the sale of lands and all contracts made by the 
said board shall be signed by the president. 

Act of Feb. 23, '93; L. '93, C. 41, § 7; C. L. '97, § 3666. 



53 Schools and School Districts § 4994 

§ 4994. Tuition. 

Sec. 188. The regents of the New Mexico Military Institute may charge a 
larger tuition fee than provided in section 5164 if it is deemed necessary to do so 
to maintain said institute. 

Act of Feb. 27, '95; L. '95, C. 2, § 6; C. L. '97, § 3671. 

§ 4995. Military rank of officers. 

Sec. 189. That for the better government and enforcement of discipline in 
the New Mexico institute, located at Roswell, the superintendent, commandant of 
cadets and instructors in said institute, shall be commissioned as aides-de-camp 
on the staff of the governor and commander-in-chief, in addition to the number 
of aides-de-camp otherwise provided by law; the superintendent to have the rank 
of colonel, the commandant of cadets to have the rank of captain, who shall hold 
office as such during the time they are employed in such capacity in said institute 
and no longer, and they will be allowed to wear the uniform of their rank while on 
duty in the institute, and upon all public occasions when the national guard is 
under arms or the staff of the governor and commander-in-chief shall be ordered 
out. 

Act of Mar. 20, '01; L. '01, C. 63, § 1. 

§ 4996. Military division of cadets. 

Sec. 190. The superintendent of the military institute shall have power to 
divide the students of the institute into companies and battalions and to appoint 
company and battalion officers, and non-commissioned officers, who shall hold their 
offices at the pleasure of the superintendent. Commissions shall be issued by the 
superintendent to company and battalion officers to be known as cadet commissions, 
which shall be signed by the superintendent and commandant of cadets, and a rec- 
ord kept of the same by the commandant showing the date of all such commissions, 
and the expiration of the same and for what cause. The superintendent shall have 
power to prescribe the number and rank and duties of cadets, and non-commis- 
sioned officers conforming so far as practicable to the laws governing the national 
guard of the State. 

Act of Mar. 20, '01; L. '01, C. 63, § 2. 

§ 4997. Ordnance and stores — Custody — Report.. 

Sec. 191. It shall be the duty of the superintendent to provide a safe and 
convenient place for the keeping and preservation of all ordnance and quarter- 
master's stores received from the State for the use of the institution, and on 
and before the thirty-first day of December in each year, he shall make a report 
to the adjutant general of the State of all such stores on hand, and in such 
report he shall show their condition, whether serviceable or unserviceable, and if 
any of such stores should be lost or destroyed, the manner of their loss or destruc- 
tion. 

Act of Mar. 20, '01; L. '01, C. 63, § 3. 

§ 4998. Annual inspection by adjutant general. 

Sec. 192. The governor and commander-in-chief shall cause the adjutant 
general to make an annual inspection of the discipline, course of study and general 
management of the military institute, a report of which inspection shall appear 
in the annual report of the adjutant general. 

Act of Mar. 20, '01; L. '01, C. 63, § 4. 

§ 4999. Commissions for cadets in national guards. 

Sec. 193. The two cadets of the military institute who shall at graduation, 
have the highest standing in the graduating class, shall receive from the governor 
and commander-in-chief commissions as second lieutenants in the national guard 



§ 5000 Schools and School Districts 54 

of the State, and be assigned to duty to fill any vacancy in that grade occurring 
in any national guard organization stationed in the county of their residence with- 
out examination. 

Act of Mar. 20, '01; L. '01, C. 63, § 5. 

ARTICLE XIII. CORRESPONDENCE SCHOOLS. 

Section 

6000 Canvassing by correspondence schools — Wlien unlawful — Application to state 
board required. 

5001 Application for permit — Contents and signature. 

5002 Revocation of permit. 

5003 Violation. 

5004 Canvassing legal, when. 

§ 5000. Canvassing by correspondence schools — ^When unlawful — Application 
to state board required. 

Sec. 194. It shall be unlwaful for any correspondence school, business col- 
lege, or commercial department of any other school, its agents or representatives 
to canvass prospective students in the State of New Mexico for the purpose of 
selling to such prospective student or to any one for the use of such prospective 
student any scholarship or tuition in advance in such school, or to contract in ad- 
vance for such scholarship or tuition or to take payment for the same in money, 
notes or other evidence of indebtedness before the registration in good faith of such 
student in such school, college, or commercial department without the school, its 
agent or representative first making application to the State Board of Education 
as hereinafter provided, and receiving from such state board of education a permit 
granting to the school so applying the right to canvass and sell scholarships and to 
receive tuition in advance. 

Act of Mar. 15, '13; L. '13, C. 77, § 2. 

§ 5001. Application for permit — Contents and signature. 

Sec. 195. The application to the State Board of Education shall set forth the 
name of the school seeking such permit, its location, the number of instructors em- 
ployed in such school, the course or courses of study in which instruction is offered, 
the subjects included in each course, the entrance and graduation requirements 
for each course, and in addition thereto the applicant shall, upon request of the 
board, furnish such other information as may be required by such board. The 
application shall be signed by some authorized representative of the school and shall 
be accompanied by such fees as may be required by the State Board of Education. 
Act of Mar. 15. '13; L. '13, C. 77, fi 3. 

§ 5002. Revocation of permit. 

Sec. 196. The State Board of Education shall have authority and power to 
revoke any permit issued by it at its discretion and for cause satisfactory to the 
Board. -^ 

Act of Mar. 15, '13; L. '13, C. 77, f 4. 

§ 5003. Violation. 

Sec. 197. Any person who shall violate this article shall upon conviction be 
deemed guilty of a misdemeanor and shall be fined in a sum not to exceed $100.00 
for each offense, or by imprisonment in the discretion of the court trying the same. 
Act of Mar. 15, '13; L. '13, C. 77, | 5. 

§ 5004. Canvassing legal, when. 

Sec. 198. Nothing in this article shall be construed to prevent canvassing for 
students where no scliolarship is sold nor fees for tuition are collected in advance 
or prevent the legitimate advertising of any such school. 
Act of Mar. 15, '13; L. '13, C. 77. § 6. 



CHAPTER C. 

STATE FAIE. 
Section 

5005 Fair commissions — Appointment, qualifications, bond, removal. 

5006 Premiums on bonds — How paid. 

5007 Commissioners removing from state — Organization of commission — Officers. 

5008 Powers and duties of commission—Annual fair— Exhibits — Premiums. 

5009 Annual meeting — Report to governor. 

5010 Annual appropriation. 

5011 Disbursement of funds. 

5012 Appropriation — How paid to the commission. 

5013 Commissioners' compensation. 

5014 Embezzlement of funds. 

5015 Commission body corporate. 

5016 Commissioners not to be interested in contracts. 

5017 Excess indebtedness void. 

§ 5005. Fair commission — Appointment, qualification, bond, removal. 

Section 1. The Governor is authorized to appoint a commission consisting 
of three members, all of whom shall be residents of the State of New Mexico, and 
one of whom shall be a resident of the County of Bernalillo, and no two shall be 
residents of the same county, to be known as the "New Mexico State Fair Com- 
mission/' who shall hold office, and one of whom shall be appointed for a term of 
two years, one for a term of three years, and the third for a term of four years, 
and until their successors, who shall hold office for a term of two years each, who 
shall have been appointed by the Governor, and shall have qualified. Before en- 
tering upon the duties of the office, each commissioner shall take and subscribe an 
oath before some person authorized to administer oaths, that he will faithfully and 
impartially discharge the duties of his office, which oath shall be tiled in the office 
of the Secretary of State. Each commissioner shall also furnish a bond of some 
surety company authorized to do business in this State, in the sum of two thousand 
and five hundred dollars, for the faithful performance of his duties. Any com- 
missioner may be removed by the Governor for malfeasance in office. 

Act of Mar. 14, '13; L. '13, C. 46, § 2. 

§ 5006. Premiums on Bonds — How paid. 

Sec. 2. The premiums on all bonds required to be furnished by the officers 
or members of the said Commission shall be paid out of the funds of the said 
Commission. 

Act of Mar. 14, '13; L. '13, C. 46, § 14. 

§ 5007. Commissioners removing from state — Organization of commission — 
Officers. 

Sec. 3. If any commissioner shall change his residence to any place outside 
the State of ISTew Mexico, such change of residence shall operate ipso facto to vacate 
the office which he holds. The secretary and treasurer shall qualify by furnishing 
said commission with a good and sufficient bond in the sum of twenty thousand 
dollars, in some surety company authorized to do business in this State, conditioned 
for the faithful performance of his duties as such Secretary and Treasurer, and 
that he will faithfully account for and pay over to the person or persons entitled 
thereto all moneys which shall come into his hands as such officer, which said bond 
shall be filed with the Secretary of State. Such secretary and treasurer shall hold 
office for a period of one year, and until his successor is elected and qualified. 

Act of Mar. 14, '13; L. '13, C. 46, § 3. 

(55) 



§ 5008 State Fair 56 

§ 5008. Powers and duties of commission — Annual fair — Exhibits — Pre- 
miums. 

Sec. 4. The said New Mexico State Fair Commission shall have power and 
authority to hold annually on such suitable grounds, a State Fair at which shall 
be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm 
products, minerals, ores, and other mining exhibits, mining machinery, and farm 
implements, and all other things which said Commissioners, or a majority thereof, 
shall deem consonant with the purposes of a State Fair for the purposes of ad- 
vancing the agricultural, horticultural and stock raising, mining, mechanical and 
industrial pursuits of the State, and shall have the care of its property, and be 
entrusted with the entire direction of its business and its financial affairs; said 
Commission, among other duties, shall prepare, adopt, publish and enforce all 
necessary rules for the management of the said New Mexico State Fair; its meet- 
ings and exhibitions, for the guidance of its officers, employes and exhibitors; and 
they shall determine the duties, compensation and tenure of office of all its officers 
and employes, and may remove from office or discharge any person appointed or 
employed by them at will, and shall have the power to appoint all necessary 
marshals to keep order on the grounds, and in the buildings of the said State Fair, 
during its exhibitions, and within a week before and after said State Fair. The 
marshals so appointed shall be vested with the same authority for such purposes 
as peace officers. The Commission shall have the power to charge entrance fees, 
admissions and lease stalls, stand and restaurant sites, give prizes and premiums, 
arrange entertainments, and do all things which by said Commission may be con- 
sidered proper for the conduct of said Fair, not otherwise prohibited by law. 

Act of Mar. 14, '13; L. '13, C. 46, § 4. 

§ 5009. Annual meeting — Report to Governor. 

Sec. 5. The Commission shall hold annual meetings on the first Monday in 
January of each year, at which meeting the Chairman and the Secretary and Treas- 
urer shall be selected and such other business shall be transacted as the interests of 
said State Fair shall require. On the first Monday in January in each year after 
said fair is held, the State Fair Commission shall prepare and transmit to the 
Governor of the State, a full financial statement, signed by each member of the 
Commission, showing all funds received and disbursed, all assets and liabilities, 
being a full and detailed account of its transactions and containing such statistics 
and information as may be of value to the various industries of the State. 

Act of Mar. 14, '13; L. '13, C. 46, § 5. 

§ 5010. Annual appropriation. 

Seo. 6. For the purpose of carrying out the provisions of this article, the sum 
of Five Thousand ($5,000.00) Dollars is appropriated annually; Provided, 
that the sum of Five Thousand Dollars herein appropriated shall be paid only 
upon condition that the citizens of Albuquerque shall annually raise, contribute 
and cause to be made available to the CommissioQ herein created a like sum of 
Five Thousand Dollars. 

Act of Mar. 14, '13; L. '13, C. 46, § 6. 

§ 5011. Disbursement of funds. 

Sec. 7. The Treasurer of the said Fair Commission shall make disburse- 
ments of the funds in his hands, on the order of the Commission which order shall 
be countersigned by the President of the Commission, and shall state upon what 
account the disbursement is made. 

Act of Mar. 14. '13; L. '13, C. 46. § 7. 



57 State Fair § 5012 

§ 5012. Appropriation — How paid to the commission. 

Sec. 8. The State Auditor, on the request in writing of such Board of Com- 
missioners, shall, and it is hereby made his duty to, draw his warrant in favor of 
the ■ Treasurer of said Commission upon the State Treasurer for the payment of 
the appropriations provided in this article, and the said State Treasurer shall pay 
such warrants out of any money on hand, appropriated for the purposes herein set 
forth. 

Act of Mar. 14, '13; L. '13, C. 46, § 8. 

§ 5013. Commissioners compensation. 

Sec. 9. The members of the said State Fair Commission shall be allowed 
their actual and necessary traveling expenses, in going to and returning from all 
necessary sessions of the said Commission and also their necessary expenses while 
engaged in the transaction of the business of the said State Fair, but in no case 
shall such compensation exceed Two Hundred and Fifty Dollars per year for any 
member. 

Act of Mar. 14, '13; L. '13, C. 46, § 9. 

§ 5014. Embezzlement of funds. 

Sec. 10. If any Secretary, Treasurer or other officer or member of the State 
Fair Commission shall feloniously embezzle, secrete, misapply or convert to his or 
their own use, any money or property belonging to the said New Mexico State 
Fair Commission or the State of New Mexico, he shall be deemed guilty of a felony, 
and on conviction thereof shall be confined in the State penitentiary for a term of 
not less than one nor more than five years in the discretion of the court before 
whom such conviction shall be had, or by a fine of not less than five hundred dol- 
lars, and of not more than ten thousand dollars, or by both, such fine and imprison- 
ment, in the discretion of the court. 

Act of Mar. 14, '13; L. '13, C. 46, § 10. 

§ 5015. Commission body corporate. 

Sec. 11. The members of the New Mexico State Fair Commission and their 
successors in office, shall constitute a body corporate under the name and style of 
the "New Mexico State Fair" with the right as such of sueing and being sued, of 
contracting and being contracted with, of making and using a common seal, and 
altering the same at pleasure. . 

Act of Mar. 14, '13; L. '13, C. 46, § 11. 

§ 5016. Commissioners not to be interested in contracts. 

Sec. 12. No Commissioner shall either directly or indirectly be financially 
interested in any contract made by the Commission and any such contract in which 
a Commissioner shall be interested either directly or indirectly, shall be void. Any 
violation of the provisions of this article, shall be punishable by imprisonment in the 
State prison for one year. 

Act of Mar. 14, '13; L. '13, C. 46, § 12. 

§ 5017. Excess indebtedness void. 

Sec. 13. Any expenditure or indebtedness contracted in any one year in ex- 
cess of the amount herein appropriated shall be void. 

Act of Mar. 14, '13; L. 13, C. 46, § 13. 



CHAPTER CI. 

STATE INSTITUTIONS. 

I. Penitentiary— Sections 5018 to 5087. 

II. The New Mexican Insane Asylum — Sections 5088 to 5100. 

III. New Mexico Asylum for the Deaf and Dumb — New Mexican Institution for the 
Blind — Miners' Hospital of New Mexico — Reform School — Sections 5101 to 
5110. 

IV. Orphans' Home— Sections 5111 to 5116. 
V. The University of New Mexico— Sections 5117 to 5128. 

VI. The New Mexico College of Agriculture and Mechanic Arts — Sections 5129 to 5138. 

VII. The New Mexico School of Mines— Sections 5139 to 5151. 

VIII. Provisions applicable to more than one state institution — Sections 5152 to 5161. 

IX. Provisions applicable to the University of New Mexico, the New Mexican College 
of Agriculture and Mechanic Arts, and the New Mexico Insane Asylum — 
Sections 5162 to 5177. 

ARTICLE I. PENITENTIARY. 

Section 

5018 Board of penitentiary commissioners — ^Appointment — Term. 

5019 Id. — Meetings — Officers — Compensation — Not to hold other office — Employes. 

5020 Board of commissioners — Quorum. 

5021 Id. — President and secretary — Duties. 

5022 Id.— Employes. 

5023 Physician — Employment — Salary. 

5024 Id. — Purchase of medicines, etc. 

5025 Id. — Not to state condition of prisoner except in record. 

5026 Chaplin — Appointment — Residence — Salary. 

5027 Salaries— Payment. 

5028 Board of commissioners — Annual accounts — Audit. 

5029 Board of commissioners — Annual report. 

5030 Id.— Reports. 

5031 Rules and regulations — Discipline — Visiting and inspection. 

5032 Id. — Supervisory powers — Summoning witnesses. 

5033 Visitors. 

5034 Collection of accounts. 

5035 Officers not to be interested in contracts, etc. 

5036 Contracts for supplies, etc. — Bonds. 

5037 Disposition of funds — Suit on bonds. ' 

5038 Suit on bonds— Procedure. 

5039 Officers and employes— Bribes — Assisting escapes. 

5040 Officers and employes — Gifts from convicts. 

5041 Improvements — Convicts to labor — Hiring out convicts. 

5042 Certificates for purchases — Issue and payment. 

5043 Purchase of supplies— Contracts— Advertisement— Bids— Preferences. 

5044 Id. — Advertisements. 

5045 Id. — Additional supplies. 

5046 Employes — Duties. 

5047 Id.— Precautions against flre. 

5048 Rations. 

5049 Surplus rations. 

5050 Sale of products of convict labor. 

5051 Electric lights— Sale— Furnishing to deaf and dumb asylum. 

5052 Superintendent — Officer — Term. 

5053 Id.— Bond— Oath. 

5054 Id. — Daily record. 

5055 Id. — Reports. 

5056 Id.— End of term — Final report. 

5057 Id. — Residence — Rations— Supplies. 

5058 Payment for supplies, etc.— Certificate of superintendent. 

5059 Superintendent— Powers and duties. 

5060 Id. — ^Accounts — Paying over funds. 



(58) 



59 State Institutions § 5018 

Section 

5061 Id. — Collection and disbursement of funds. 

5062 What convicts to be confined — Penitentiary. 

5063 Prisoners to labor. 

5064 Convicts — Enforcing obedience. 

5065 Id. — Arrest — Suppression of disorder. 

5066 Contagious diseases — Removal of prisoners. 

5067 Convicts— Gifts on discharge. 

5068 Id. — Record of misconduct. 

5069 Convicts— How to be employed. 

5070 Convicts — Good behavior — Deduction from service. 

5071 Computation of term. 

5072 Id. — Forfeiture of deduction for good conduct. 

5073 Id. — Several commitments — Cumulative sentence. 

5074 Id. — Application of good conduct allowance. 

5075 Sentence to penitentiary — Maximum and minimum — Suspension. 

5076 Prison board — Membership. 

5077 Id. — Information, how obtained— Judges and district attorneys to furnish. 

5078 Id.— Rules— Record of history, health, conduct, etc., of prisoners. 

5079 Parole — Rules — ^Arrests. 

5080 Parole prisoners — Final discharge. 

5081 Prisoners, paroled and discharged — Money and transportation to be furnished. 

5082 Violation of parole — New crime. 

5083 Parole — Application of article — Governor to approve — Habitual offenders. 

5084 Additional good time. 

5085 Fines and costs — Service for. 

5086 Pardon and restoration to civil rights. 

6087 Application for pardons — Duty of penitentiary commissioners. 

§ 5018. Board of penitentiary commissioners — Appointment — Term. 

Section 1. The general government and management of the penitentiary 
sliall be .vested in five commissioners who shall be called the board of penitentiary 
commissioners. Said commissioners shall be appointed by the governor as in the 
constitution provided, and the governor shall have power at any time to remove 
any of said commissioners and appoint their successors. 
Act of Feb. 13, '99; L. '99, C. 10, § 1. 

For appointment and term of office see Constitution, Art. XIV, Sec. 3. 

§ 5019. Id.— Meetings— Officers— Compensation— Not to hold other office- 
Employes. 

Sec. 2. Said board shall meet on the first Monday of March of each odd- 
numbered year, and at such meeting shall elect a president and secretary of said 
board. 

The State treasurer shall be ex-officio treasurer of said board. The secretary 
shall receive a salary to be fixed by said board, not exceeding three hundred 
dollars per annum, to be paid out of the salary fund. Said board shall hold six 
regular meetings in each year, on the first Mondays in March, May, July, Septem- 
ber, November and January. Said meetings shall be held in the office of the pen- 
itentiary, and said salary and mileage shall be paid quarterly, on the warrant of 
the auditor, out of the salary fimd. No member of the board shall hold any other 
State office. All officers and employes under the superintendent shall be em- 
ployed by the superintendent by and with the approval of the board of penitentiary 
commissioners. 

Act of Feb. 21, '91; L. '91, C. 48, § 2; C. L. '97, § 3492. 

§ 5020. Board of commissioners — Quorum. 

Sec. 3. A majority of the board shall constitute a quorum to transact all 
business thereof. 

Act of Feb. 22, '89; L. '89, C. 76, § 54; C. L. '97, § 3543. 

§ 5021. Id.— President and secretary— Duties. 

Sec. 4. The president shall preside over all meetings of the board and shall 
sign all certificates of indebtedness, bills and other papers allowed by said board, 



§ 6022 State Institutions 60 

and in the absence of the president a president pi'o tempore may be elected. It 
shall be the duty of the secretary to keep a perfect record of the proceedings of the 
board of penitentiary commissioners in a well bound book, to be kept for that pur- 
pose, and to attest and countersign all papers which may be approved or issued by 
the said board. 

Act of Feb. 22, '89; L. '89, C. 76, § 4; C. L. '97, § 3494. 
See Sec. 5155. 

§ 5022. Id.— Employes. 

Sec. 5. The organization of the penitentiary shall consist of a superintendent 
and an assistant superintendent, who shall be ex-officio clerk, and such guards, 
turnkeys, overseers and other necessary employes, as may, in the opinion of the 
said board of penitentiary commissioners, be necessary for the safe and proper 
management of the penitentiary and the convicts therein confined. The assistant 
superintendent shall be employed by the superintendent, by and with the approval 
of the board of penitentiary commissioners, and he may, in like manner, be dis- 
charged and another employed in his stead, and any vacancy happening in such 
position shall be filled by employing some other person in the same manner as soon 
as possible thereafter. In case of the discharge of any assistant superintendent, 
the same shall be for cause, and all charges against him shall be made in writing, 
of which he shall have due notice and an opportunity to make his defense before 
the board of penitentiary commissioners. No such discharge shall be reviewed or 
Interfered with by any court of this State. The assistant superintendent shall hold 
his position during the pleasure of the superintendent and board of penitentiary 
commissioners. 

Act of Feb. 22, '89; L. '89, C. 76, § 5; C. L. '97, § 3495. 

§ 5023. Physician — Employment — Salary. 

Sec. 6. The said board shall employ a regularly authorized physician to 
attend and care for the sick of the said penitentiary, which said physician shall 
reside in Santa Fe, and be paid a salary not exceeding six hundred dollars per 
annum, payable quarterly on the warrant of the auditor drawn on the penitentiary 
current expense fund. 

Act of Feb. 22, '89; L. '89, C. 76, § 42; C. L. '97, § 3531. 

§ 5024. Id. — Purchase of medicines, etc. 

Sec. 7. The physician shall purchase, by concurrence with and consent of 
said board, such medicines and other things as in his judgment are necessar}^ for 
the use of the hospital : Provided, The same does not exceed the amount appro- 
priated by law therefor, and he shall furnish the superintendent immediately a 
bill of the purchase, who shall compare them with the articles received. 

Act of Feb. 22, '89; L. '89, C. 76, § 43; C. L. '97, § 3532. 

§ 5025. Id. — Not to state condition of prisoner except in record. 

Sec. 8. The physician, when visiting the penitentiary, shall conform to the 
rules and regulations thereof; he shall express no opinion as to the disability of 
any prisoner except in his record, which he shall keep in the penitentiary. 

Act of Feb. 22, '89; L. '89, C. 76, § 44; C. L. '97, § 3533. 

§ 5026. Chapla,in— Appointment— Residence— Salary. 

Sec. 9. Said board shall appoint a suitable person to the office of chaplain. 
He shall be a minister of the gospel in good standing and shall hold his position 
for two years, unless sooner removed by the board. His salary shall be payable 
quarterly on the warrant of the auditor against the proper fund. He shall reside in 
Santa Fe, and shall perform such duties as the said board shall prescribe. 

Act of Feb. 22, '89; L. '89, C. 76, % 58; C. L. '97, § 3547. 



61 • State Institutions § 5027 

§ 5027. Salaries — Payment. 

Sec. 10. The salary of the clerk of the treasurer shall also be paid out of the 
salary fund. The salaries of the superintendent and the assistant superintendent 
shall be paid out of the penitentiary current expense fund, and all of said salaries 
shall be paid quarterly upon the warrant of the auditor. 

Act of Feb. 22, '89; L. '89, C. 76, § 6; C. L. '97, § 3496. 

For salary of members and secretary see Sec. 5019. 

The salary of the superintendent is now fixed at $2,400 by the appropriation bill 
of 1913, L. '13, C. 83, § 3. 

§ 5028. Board of commissioners — Annual accounts — Audit. 

Sec. 11. On or before the tenth day of December of each year, the said board 
shall make, or cause to be made, a full and detailed account to the close of the 
last day of November of the same year, of all disbursements and expenses and all 
receipts and profits, and all moneys which have come to their hands during the 
twelve months immediately preceding, which accounts shall be examined and settled 
by the auditor and the same shall be reported to the next session of the legislature 
by said board. 

Act of Beb. 22, '89; L. '89, C. 76, § 45; C. L. '97, § 3534. 

§ 5029. Board of commissioners — Annual report. 

Sec. 12. At least ten days before the meeting of each session of the legis- 
lature, the board of penitentiary commissioners shall make to the governor in 
writing, a report exhibiting the government, discipline and transactions of the 
penitentiary during the interval of time between the time of making such report 
and two years previous thereto, which report shall particularly set forth: First, 
the number of convicts confined in the penitentiary, the period of their sentence, 
the various branches of business in which they have been employed, the number 
employed in each branch, the average daily earnings of convicts, the age and sex 
of each convict, the offense for which they were convicted, when sentenced, from 
which county they were sent, their place of birth, pursuits and habits of life so far 
as can be ascertained, prior to being sent to the penitentiary, their conduct while 
in the penitentiary, the number of and names of convicts who have escaped, the 
circumstances attending such escape, those who have died, or have been discharged 
during the term covered by such report; second, the quality and quantity of food 
and clothing purchased during said term and the amount allowed to the convicts 
and to the employes, and the general state of health of each convict during such 
term; third, the manner in which the convicts have been treated by the superin- 
tendent, the number and names of those who have been punished, the nature of the 
punishment and how often inflicted and for what offense. 

Act of Feb. 22, '89; L. '89, C. 76, § 26; C. L. '97, § 3515. 

See Sec. 5157. 

§ 5030. Id.— Reports. 

Sec. 13. The board of penitentiary commissioners shall, whenever demanded, 
make and render to the governor a full report embracing all the matters required 
to be reported by the last preceding section. 

Act of Feb. 22, '89; L. '89, C. 76, § 27; C. L. '97, § 3516. 

§ 5031. Rules and regulations — Discipline — Visiting and inspection. 

Sec. 14. The board of penitentiary commissioners shall make such rules and 
regulations for the government, discipline and police of the penitentiary, and for 
the punishment of prisoners confined therein, not inconsistent with the law, as 
they may deem expedient, and until such regulations are made, the regulations 
now in force shall continue in force. The said board shall exercise a general super- 



§ 6032 State Institutions 62 

intendence and control over the government and discipline of the penitentiary, 
cause such rules and regulations as they may prescribe for the government and 
discipline of the penitentiary to be printed and placed in some conspicuous place 
therein, and shall visit the said penitentiary once in each month, and inspect the 
same. 

Act of Feb. 22, '89; L. '89, C. 76, § 8; C. L. '97, § 3498. 

§ 5032. Id. — Supervisory powers — Summoning witnesses. 

Sec. 15. The board of penitentiary commissioners shall have power, and it 
shall be their duty, to examine and inquire into all matters connected with the 
government, discipline and police of said penitentiary and the punishment and 
treatment of the prisoners; they shall inspect them, listen to any complaints of 
oppression or misconduct on the part of the superintendent or any of the other 
employes under him, and for that purpose the president or any member of the 
board, while acting under the direction of said board, shall have power to issue sub- 
poenas and compel attendance of witnesses and to administer oaths. 
Act of Feb. 22, '89; L. '89, C. 76, § 9; C. L. '97, § 3499. 

§ 5033. Visitors. 

Sec. 16. The following persons are authorized to visit the penitentiary at 
pleasure: The governor, judges of the supreme court and members of the board 
of penitentiary commissioners; and no other persons shall be permitted to go 
within the walls of the penitentiary where the convicts are confined except by per- 
mission of the superintendent or the board of penitentiary commissioners. 
Act of Feb. 22, '89; L. '89, C. 76, § 18; C. L. '97, § 3507. 

§ 5034. Collection of accounts. 

Sec. 17. The board of penitentiary commissioners are hereby required to 
take immediate steps to cause to be collected and accounted for, all debts due and 
owing to the State on account of the penitentiary, or in any way connected 
therewith, and all outstanding claims of any nature which the State may have 
on that account, and to that end they may, if they deem it necessary, place any 
claim or account in the hands of the attorney general or any district atorney for 
prosecution. 

Act of Feb. 22, '89; L. '89, C. 76, § 19; C. L. '97, § 3508. 

§ 5035. Officers not to be interested in contracts, etc. 

Sec. 18. Should any member of the board of penitentiary commissioners, 
officer or other employe of the penitentiary, become interested in any manner in 
any contract for providing provisions, clothing or other necessaries for the use of 
paid penitentiary, or become in any way interested in any contract for buildings or 
the construction of any buildings of any kind connected with said penitentiary, or 
for furnishing materials for any such building, or in any contract for the labor of 
the convicts, such member of said board, officer or employe so interested, shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall be removed from 
office, and shall forfeit any interest he may have in such contract, and shall be 
fined not more than two thousand dollars, nor less than five liundred dollars. 
Act of Feb. 22, '89; L. '89, C. 76, § 20; C. U '97, 6 3509. 

§ 5036. Contracts for supplies, etc.— Bonds. 

Sec. 19. The board of penitentiary commissioners shall take bond as security 
for the due execution of any and all contracts made pursuant to this article, which 
bond shall be in such sum ns may be sufficient for the purposes thereof, and shall 
bo approved by the board of penitentiary commissioners or a majority thereof, and 
their approval shall be \ndorsed upon the back of said bond, and the same shall 
be filed and preserved in the office of the Secretary of State. 
Act of Feb. 22. '89; L. '89, C. 76, § 21; C. L. '97, S 3510. 



63 State Institutions § 5037 

§ 5037. Disposition of funds — Suit on bonds. 

Sec. 20. All sums of money which shall become due upon any such contract 
shall be paid into the State treasury, and shall be placed to the credit of the 
penitentiary current expense fund, and in case any person shall fail or refuse to 
comply with the conditions of the bond provided for in the next preceding section, 
the said board of penitentiary commissioners shall immediately cause the same to 
be enforced by a proceeding at law, or such other mode as may secure the enforce- 
ment thereof in their judgment. 

Act of Feb. 22, '89; L. '89, C. 76, § 22; C. L. '97, § 3511. 

§ 5038. Suit on bonds — Procedure. 

Sec. 21. All suits on bonds for the enforcement of contracts or demands due 
to the state by reason thereof, or of anything connected with the penitentiary, 
shall be brought in the name of the State of New Mexico, and in that name the 
board of penitentiary commissioners, the attorney general or any district attorney, 
is hereby fully authorized to sue for and recover all sums of money or property due 
from any person or persons, on any account whatever, to the state, on account 
of said penitentiary: Provided, That if, in any case, any member of the board of 
penitentiary commissioners shall be a party to any such suit, or shall be interested 
in any such case or suit, then the attorney general or any district attorney may, on 
the advice and direction of the governor, commence and conduct such suit. 

Act of Feb. 22, '89; L. '89. C. 76. § 23: C. L. '97, § 3512. 

§ 5039. Officers and employes — Bribes — Assisting escapes. 

Sec. 22. No officer or other person employed in or. about the penitentiary 
shall be permitted to receive any compensation or reward from any contractor, un- 
der penalty of dismissal from office, and forfeiture of all pay due, and if any officer 
procure the escape of any convict, or connive at, aid or assist in the escape of any 
convict from the penitentiary, whether such convict escape or not, he shall be guilty 
of felony and shall, upon conviction thereof, be sentenced to hard labor in the pen- 
itentiary for any term not less than one year, nor more than three years. 

Act of Feb. 22, '89; L. '89, C. 76, § 25; C. L. '97, § 3514. 

§ 5040. Officers and employes — Gifts from convicts. 

Sec. 23. No member of the board, superintendent, assistant superintendent, 
guard, turnkey, or other officer or employe of the penitentiary, shall, under any 
pretense whatever, receive from any convict, any sum of money, emolument or 
reward, or any article of value as a gift, under the penalty of being discharged 
from service or from office and forfeiting all moneys due them, and being dis- 
qualified from ever holding such position in the future. 

Act of Feb. 22, '89; L, '89, C. 76, § 28; C. L. '97, § 3517. 

§ 5041. Improvements — Convicts to labor — Hiring out convicts. 

Sec. 24. The board of penitentiary commissioners shall decide what im- 
provements shall be made in the penitentiary, whether the same shall be enlarged, 
or the erection of the extension of the prison or prison walls, the erection of work- 
shops or other buildings or improvements shall be made: Provided, That said 
commissioners shall not make any improvements that will require an expenditure 
of money in excess of the appropriations made by the legislature for that 
purpose, which improvements shall be made under the direction of the superin- 
tendent on plans furnished by said board, and he shall employ such number of 
convicts in making such improvements as said board may deem advisable, and shall 
employ the remainder of the convicts as may be most advantageous to the state or 
the penitentiary. 

Act of Feb. 22, '89; L. '89, C. 76, § 29; C. L. '97, § 3518. 



§ 5042 State Institutions 64 

§ 5042. Certificates for purchases— Issue and payment. 

Sec. 25. All certificates for the purchase of supplies or for other indebted- 
ness of the penitentiar}^, shall be signed by the president and attested by the secre- 
tary of the board of penitentiary commissioners, and upon presentation of the 
same to the state auditor he shall draw his warrant on the state treasurer for the 
full amount of the said certificate, to be paid out of any moneys appropriated for 
that purpose. 

Act of Feb. 22, '89; L. '89, C. 76, § 30; C. L. '97, § 3519. 

§ 5043. Purchase of supplies — Contracts — Advertisement — Bids — Preferences. 

Sec. 26. All purchase of supplies for the use of the penitentiary shall be 
made semi-annually and by contract, and estimates for that purpose shall be pub- 
lished for ten days in some newspaper published in Santa Fe, in Las Vegas and in 
Albuquerque, and the contract for the furnishing of such supplies shall be let to 
the lowest responsible bidder and accompanied by a good and sufficient bond, the 
penalty of which shall be fixed by the board of penitentiary commissioners, for the 
fulfillment of such contract according to the advertisement: Provided, That res- 
idents of the state and articles manufactured in or being the product of this state 
shall have the preference over non-residents and over articles manufactured or pro- 
duced out of this state, other things being equal. 

Act of Feb. 22, '89; L. '89, C. 76, § 31; C. L. '97, § 3520. 

§ 5044. Id. — Advertisements. 

Sec. 27. The advertisement mentioned in the last section shall state specif- 
ically the kind, amount and quantity of supplies, as near as may be, when the same 
shall be delivered to the penitentiary, and whether the bid shall be for the whole 
or separate parts thereof. 

Act of Feb. 22, '89; L. '89, C. 76, § 32; C. L. '97, § 3521. 

§ 5045. Id.— Additional supplies. 

Sec. 28. When semi-annual estimates prove insufficient, the board of com- 
missioners shall cause to be purchased sufficient supplies to make up the deficiency, 
the same to be purchased by contract as provided above, or in open market if the 
amount should be very small and not justify making the advertisement, and all 
contracts let or executed under this and the next two preceding sections shall be 
made by the board of penitentiary commissioners. 

Act of Feb. 22, '89; L. '89, C. 76, § 33; C. L. '97, § 3522. 

§ 5046. Employes— Duties. 

Sec. 29. Guards, turnkeys and overseers and other employes and officers of 
the penitentiary shall perform such duties in the charge and oversight of the peni- 
tentiary, care of the property belonging thereto, and in the custody, government, 
employment and discipline of the convicts as shall be required of them by the said 
board, or the superintendent, in conformity with law and the rules and regulations 
prescribed for the government of the penitentiary. 

Act of Feb. 22, '89; L. '89, C. 76, § 38; C. L. '97, S 3527. 

§ 5047. Id. — Precautions against fire. 

Sec. 30. The board of pcnitentiaiy commissioners shall take precaution to 
protect the penitentiary and all property connected therewith against fire, as far as 
possible, and shall procure such conveniences and prescribe such rules as will enable 
the convicts to get out in tlie shortest possible time and secure their safety and 
custody in case of fire. 

Act of Feb. 22, '89; L. '89, C. 76, 8 46; C. L. '97, § 3535. 



ho 



State Institutions § 5048 



§ 5048. Rations. 

Sec. 31. The following shall be the quantity and quality of food allowed for 
each one hundred rations per day, which shall be issued in proportion to the num- 
ber of convicts and employes to be fed, or so much thereof as in the judgment of 
the said board or superintendent shall be necessary, to- wit : Sixty pounds of bacon 
or one hundred and fifty pounds of fresh beef, one hundred and twelve pounds of 
flour, thirty pounds of beans or fifteen pounds of rice, ten pounds of coffee or two 
pounds of tea, fifteen pounds of sugar or the equivalent thereof in molasses, four 
quarts of vinegar, four pounds of salt, eight pounds of soap, six ounces of pepper, 
and three pounds of baking powder per week. 

Act of Feb. 22, '89; L. '89, C. 76, § 56; C. L. '97, § 3545. 

§ 5049. Surplus rations. 

Sec. 32. If there should be a surplus of any of the above rations which the 
convicts cannot use, the superintendent may turn it into the penitentiary commis- 
sary, and substitute in lieu thereof other provisions of equal value, and in case he 
should desire to purchase vegetables or some other articles of food in place of the 
goods so returned to the commissary, he shall enter the goods so returned upon his 
book and shall account for the same as goods purchased under contract, and shall 
purchase such other articles of food as the convicts require equal in value to the 
amount of goods so returned under the direction of said board, in case said board 
and superintendent deem it necessary. At the next meeting of said board the 
superintendent shall present a bill for the same, and it shall be ordered paid : Pro- 
vided, It does not exceed the value of the goods returned to the commissary. 

Act of Feb. 22, '89; L. '89, C. 76, § 57; C. L. '97, § 3546. 

§ 5050. Sale of products of convict labor. 

Sec. 33. All the products of convict labor shall be sold to the highest bidder, 
for cash, after twenty days' notice by advertisement in three daily newspapers, not 
more than one of which shall be published in the same county. 

Act of Feb. 26, '91; L. '91, C. 94, § 1; C. L. '97, § 3649. 

§ 5051. Electric lights — Sale — Furnishing to deaf and dumb asylum. 

Sec. 31. The penitentiary is hereby required to furnish electric lights at 
cost to the capitol building and the deaf and dumb asylum, and shall also ba au- 
thorized to sell electric lights in the City of Santa Fe, upon such terms as in the 
judgment of the superintendent of the penitentiary and the board of penitentiary 
commissioners are proper. 

Act of Mar. 19, '03; L. '03, C. 108, § 7. 

§ 5052. Superintendent — Officer — Term. 

Sec. 35. The superintendent of the penitentiary shall be an ofiicer of the 
State of New Mexico, and he shall be appointed by the governor by and with the 
advice and consent of the senate, and the said superintendent shall have and per- 
form the duties required by law, and the governor shall have power at any time to 
remove the superintendent and appoint his successor. The term of ofiice of superin- 
tendent shall be for the period of two years from the date of his appointment and 
qualification, and until his successor shall be appointed and qualified. 

Act of Feb. 13, '99; L. '99, C. 10, § 2. 

§ 5053. Superintendent — Bond — Oath. 

Sec. 36. Before entering upon the discharge of his duties the superintendent 
shall execute a bond, payable to the State of iS^ew Mexico, in the penal sum of 
ten thousand dollars, with not less than five good aad sufiicient sureties, freehold- 
ers in this state; the form of such bond and the sufficiency of such sureties to 
be approved by the chief justice or any associate justice of the state, who shall 



§ 5054 State Institutions 66 

indorse his approval upon the same, when it shall be filed in the office of the secre- 
tary of the state; the condition of the said bond to be, that he will faithfully 
discbarge all the duties of superintendent of the said penitentiary; that he will 
cause to be kept a fair, intelligible and businesslike record of the transactions of 
the said penitentiary, including those of a monetary character, connected with the 
same; that he will impartially, and to the best of his ability, administer the dis- 
ciplinary regulations of the penitentiary, so as to contribute to the health, safe 
keeping and profitable employment of the convicts; that he will appoint no one to 
the office of guard, turnkey or overseer through pecuniary consideration', and no 
one witliout due and proper regard to their qualifications to such situations; that 
he will render true and faithful account of all the transactions and business of the 
penitentiary to the board of penitentiary commissioiners whenever he may be re- 
quired so to do by said board or by the regulations prescribed, or which may be 
prescribed for the government of the penitentiary by such board, or by any statute; 
that he will not become directly or indirectly interested in any contract for sup- 
plies, material, labor, provisions, clothing, or any other thing for the use of said 
penitentiary, and that at the expiration of his official term he will surrender all 
books, papers, records, or other property or securities belonging or appertaining to 
said penitentiarjv to his successor in office, and will faithfully perform all and 
every other duty which may be imposed upon him by law, or by any regulation 
governing said penitentiary, as such superintendent. Said superintendent shall 
also take and subscribe an oath or affirmation, which shall be endorsed on the back 
of said bond, that he will support the constitution and laws of the United States 
aud the laws of the State of New Mexico, and that he will scrupulously observe 
and perform all the stipulations and conditions of his said bond and faithfully 
discharge all of his duties agreeably to law and the direction of the board of 
penitentiary commissioners, accordinig to the best of his abilities. 

Act of Feb. 22, '89; L. '89, C. 76, § 7; C. L. '97, § 3497. 

For oath of office see Constitution, Art. XX, Sec. 1. 

§ 5054. Id.— Daily record. 

Sec. 37. The superintendent shall keep a book in which he shall enter a 
daily record of all the convicts under his charge, where located, how employed and 
also of all guards and employes. 

Act of Feb. 22, '89; L. '89, C. 76, § 55; C. L. '97, § 3544. 

§ 5055. Id.— Reports. 

Sec. 38. The superintendent shall, at any time, upon the request of the 
board of penitentiary commissioners, make to them in writing a report of all ot 
the affairs of the penitentiary, or any part thereof, which may be desired by said 
board, and on the first day of December of each year, shall make to them a full 
report as required by section 5029, for the twelve months immediately nreceedinsr 
that date. 

Act of Feb. 22, '89; L. '89, C. 76, § 34; C. L. '97, § 3523. 

§ 5056. Id.— End of term— Pinal report. 

Sec. 39. Tn case of the death, resignation or removal of the superintendent. 
or the term of his office expires, there shall be a final report of the superintendent 
to the board of penitentiary commissioners, to and including the last day of his 
term of employment, giving a full and detailed statement of all moneys, goods and 
property which have come into his hands as such since his last report; also an 
inventory in triplicate, signed by the incoming superintendent, of all goods, moneys 
and property turned over to him, one copy of which is to be retained by the out- 
going superintendent, or in oapc of his death, by his heirs or administrators, one 
by the incoming superintendent, to be attached to the final report of the superin- 



67 State Institutions § 5057 

tendent to the board of commissioners, who shall attach a copy of tlie same to their 
report to the legislature. 

Act of Feb. 22, '89; L. '89, C. 76, § 60; C. L. '97, § 3549. 

§ 5057. Id. — Residence — Rations — Supplies. 

Sec. 40. The superintendent shall reside upon the penitentiary grounds, 
and for that purpose shall have the use of the dwelling house thereon, but in no 
ease shall ho or any other employe of the penitentiary be allowed to appropriate 
any goods, clothing, supplies or other articles whatsoever purchased and intended 
for the use of the penitentiary to their own use, except that they may have their 
rations at the penitentiary out of the penitentiary supplies, but not to be removed 
or taken away therefrom. 

Act of Feb. 22, '89; L. '89, C. 76, § 24; C. L. '97, § 3513. 

§ 5058. Payment for supplies, etc. — Certificate of superintendent. 

Sec. 41. Before any claims against the penitentiar\% either for services ren- 
dered or for supplies or materials furnished, can be paid, the parties presenting 
such claim shall procure a certificate from the superintendent that such services 
have been rendered, or such supplies or materials furnished, then the claim shall 
be audited and considered by the said board, and if allowed, in whole or in part, a 
certificate shall be given to the claimant for the amount so allowed, and the same 
shall be paid on the warrant of the auditor drawn upon the proper fund therefor. 

Act of Feb. 22, '89; L. '89, C. 76, § 35; C. L. '97, § 3524. 

Cited in Perez v. Barber, 7 N. M. 223; 34 Pac. 190. 

§ 5059. Superintendent — Powers and duties. 

Sec. 42. The superintendent, under tlie direction of the board of penitentiary 
commissioners, shall have charge and custody of the penitentiary, with the lands 
and buildings, tools, implements and all other property pertaining thereto, and it 
shall be the duty of the superintendent to superintend the internal police and dis- 
cipline of the penitentiary, as required by law and the rules and regulations pre- 
scribed by said board, to keep an account of all articles manufactured in the work 
shops, and also to classify the convicts in their labor, so far as possible, to see that 
proper food and clothing is supplied them, and in all things to have regard for their 
comfort and reformation; he shall also have charge of the library, and shall take 
care of and catalogue tlie books therein. 

Act of Feb. 22, '89; L. '89, C. 76, § 36; C. L. '97, § 3525. 

§ 5060. Id. — Accounts — Paying over funds. 

Sec. 43. The superintendent shall keep, or cause to be kept, in suitable books, 
regular and complete accounts of all income, business and concerns of the pen- 
itentiar}^ a true account of all money received for labor, or from other sources, 
and shall turn over said moneys to the state treasurer to be placed to the credit of 
the penitentiary current expense fund. 

Act of Feb. 22, '89; L. '89, C. 76, § 37; C. L. '97, § 3526. 

§ 5061. Id. — Collection and disbursement of funds. 

Sec. 44. The superintendent shall collect the wages earned by the convicts 
and all moneys due on account of the penitentiary, except appropriations from the 
state, and shall pay the same over to the state treasury, to be placed to 
the credit of the penitentiary current expense fund, taking a duplicate receipt for 
the same, one copy of which he shall give to the secretary of the board of commis- 
sioners, and the superintendent shall pay into the treasury the same funds received 
by him. 

Act of Feb. 22, '89; L. '89, C. 76, § 40; C. U '97, § 35^9. 



§ 5062 State Institutions 68 

§ 5062. What convicts to be confined. 

Sec. 45. Convicts sentenced to hard labor in the penitentiary for life, or any 
term, for which they may be confined in the penitentiary by any court having juris- 
diction to try causes under the laws of the United States, held within this state, 
must be received into the penitentiary by the superintendent thereof, when deliv- 
ered by the authority of the United States, and shall be kept therein in pursuance 
of their sentences; and all persons convicted of any crime, where the punishment 
is imprisonment for a term or time exceeding six months, shall be imprisoned in 
the penitentiary, and all courts in which such convictions shall be had, shall give 
judgment accordingly, and all persons convicted of any crime punishable with 
death who shall be pardoned on condition of being imprisoned, either for life or a 
term of years, or whose sentence shall be commuted for imprisonment for life or a 
term of years, shall be so imprisoned in tlie penitentiary. All persons imprisoned 
or confined in the penitentiary shall be subject to the rules and regulations thereof. 

Act of Feb. 22, '89; L. '89, C. 76, § 11; C. L. '97, § 3500. 

§ 5063. Prisoners to labor. 

Sec. 46. All male persons convicted of crime and confined in the penitentiary 
under the laws of the state, except such as are precluded by the terms of the 
judgment and sentence under which they may be imprisoned, shall perform labor 
under such rules and regulations as have been or may hereafter be prescribed by 
the board of penitentiary commissioners. 

Act of Feb. 22, '89; L. '89, C. 76, § 12; C. L. '97, § 3501. 

§ 5064. Convicts — Enforcing obedience. 

Sec. 47. If a convict sentenced to the penitentiary resist the authority of 
any officer, or refuse to obey his lawful commands, it shall be the duty of such officer 
immediately to enforce obedience by the use of such weapons or other aid as may 
be effectual, and if in so doing, any convict thus resisting be wounded or killed 
by any such officer or his assistant, or any guard or other employe, they shall be 
justified and shall be held guiltless ; but such officer, assistant, guard or other em- 
ploye shall not be excusable for using greater force than the emergency of the 
case demands. 

Act of Feb. 22, '89; L. '89, C. 76, § 14; C. L. '97, § 3503. 

§ 5065. Id. — Arrest — Suppression of disorder. 

Sec. 48. It shall be the duty of all the officers arid other citizens of the 
state, by every means in their power, to suppress any insurrection, mutiny or dis- 
order among convicts sentenced to the penitentiary and to prevent the escape or 
rescue of any such convicts therefrom, or from any other legal confinement, or from 
any person in whose legal custody they may be, and if in so doing or arresting any 
convict who may have escaped, such officer or other person should wound or kill 
Buch convict or other person aiding or assisting such convict, they shall be justified 
and held guiltless, but they shall not be excusable for using greater force than the 
emergency of the case demands. 

Act of Feb. 22, '89; L. '89, C. 76, § 15; C. L. '97, § 3504. 

§ 5066. Contagious disease — Removal of prisoners. 

Sec. 49. In case of any pestilence or contagious sickness breaking out among 
the convicts, the board of penitentiary commissioners may cause the convicts con- 
fined therein or any of them to be removed to some suitable place of security where 
Buch of them as may be sick shall receive necessary medical attendance, and such 
convicts must be returned as soon as may be to the penitentiary to be confined ac- 
cording to their respective sentences, if the same be unexpired. 

Act of Feb. 22, '89; L. '89, C: 76, § 16;' C. L. '97, § 3505. 



69 State Institutions §506'*' 

§ 5067. Convicts — Gifts on discharge. 

Sec. 50. When an}^ convict sliall be discharged from the penitentiary he shall 
be paid the sum of five dollars, and also when the said convict is in need, he shall 
be furnished with a new suit of cheap, common clothes, and all articles of personal 
property belonging to the said convict that may have been turned over to the 
superintendent. 

Act of Feb. 22, '89; L. '89, C. 76, § 17; C. L. '97, § 3506. 

§ 5068. Id. — Record of misconduct. 

Sec. 51. It shall be the duty of the superintendent to keep a record book 
of all infractions of prison rules and regulations prescribed by the said board. 

Act of Feb. 22, '89; L. '89, C. 76, § 51; C. L. '97, § 3540. 

§ 5069. Convicts — How to be employed. 

Sec. 52. Whenever the convicts in the penitentiary or any of them shall not 
be employed in any work at the penitentiary or otherwise occupied in any 
labor, it shall be proper and requisite to employ them in and about any work, 
labor or improvement on the capitol building or capitol grounds, and also in grad- 
ing, repairing, opening, cleaning or leveling the streets, alleys, roads and bridges 
in and near the City of Santa Fe, and in quarrying and hauling stone, and also 
in securing, bettering and protecting the banks of the Santa Fe river from over- 
flowing or destruction, so as to prevent damage from high water or otherwise where 
the said river runs through the City of Santa Fe. 

Act of Feb. 22, '89; L. '89, C. 76, § 59; C. L. '97, § 3548. 

§ 5070. Convicts — Good behavior — Deduction from service. 

Sec. 53. Every convict imprisoned in the penitentiary and who has 
or shall perform faithfully the duties assigned to him during his or her im- 
prisonment therein, and shall during the whole of said time have been 
of uniform good behavior and complied with the rules and regulations of the 
penitentiary, shall be entitled to a deduction from the time of his sen- 
tence for the respective years thereof, and proportionately for any part of a 
year, to-wit: For the first year, one month; for the second year, two months; for 
the third year, three months; for the fourth year, four months; for the fifth year, 
five months; for the sixth and each succeeding year, six months. 

Provided, that no such deduction from the time of any sentence shall be made 
unless the governor shall issue to the person for whom such deduction is claimed, a 
pardon as provided in § 5086. 

Act of Feb. 22, '89; L. '89, C. 76, § 47; C. L. '97, § 3536, as amended by L. 
'99, C. 1, § 1. 

§ 5071. Computation of term. 

Sec. 54. No convict shall be discharged from the penitentiary until he has 
remained the full term for which he was sentenced, to be computed from and in- 
cluding the day on which his sentence took effect, and excluding any time the 
convict may have been at large by reason of escape therefrom, unless he may be 
pardoned or otherwise released by legal authority : Provided, That nothing in this 
section shall be so construed as to deprive any convict of any reduction of time 
which he may be entitled to under § 5070. 

Act of Feb. 22, '89; L. '89, C. 76, § 13; C. L. '97, § 3502. 

§ 5072. Id. — Forfeiture of deduction for good conduct. 

Sec. 55. In case any convict shall be guilty of wilful violation of any rules 
of the penitentiary, and shall have become entitled to any deduction from the 
time of his sentence, or shall have attempted to escape, or shall have escaped, he 



§ 6073 State Institutions 70 

shall forfeit so much of said deduction for each offense, as the said board and 
superintendent shall determine to be forfeited therefor. 

Act of Feb. 22, '89; L. '89, C. 76, § 48; C. L. '97, § 3537. 

§ 5073. Id. — Several commitments — Cumulative sentence. 

Sec. 56. Whenever any convict shall have been committed under several con- 
victions with separate sentences, they shall be construed as one continuous sentence 
for the full length of all the sentences combined. 

Act of Feb. 22, '89; L. '89, C. 76, § 49; C. L. '97, § 3538. 

§ 5074. Id. — Application of good conduct allowance. 

Sec. 57. The provisions of this article shall apply to convicts in the pen- 
itentiary, excepting such convicts as have escaped from the penitentiary, or been 
concerned in any revolt whereby any convict has escaped, and shall operate back 
to the commencement of any such sentence of such convict. 

Act of Feb. 22, '89; L. '89, C. 76, § 50; C. L. '97, § 3539. 

§ 5075. Sentence to penitentiary — Maximum and minimum — Suspension. 

Sec. 58. Every person who shall be convicted of a felony or other crime pun- 
ishable by imprisonment in the penitentiary, if judgment be not suspended or a 
new trial granted, shall be sentenced to the penitentiary. The court in imposing 
such sentence shall fix the maximum and minimum duration of the same. The 
term of imiprisonment of any person so convicted shall not exceed the maximum 
nor be less than the minimum term fixed by the court. The release of such person 
shall be determined as hereinafter provided : Provided, That the court may, in its 
discretion, suspend any sentence imposed upon such terms and conditions as it shall 
deem proper, and such sentence shall go into effect upon order of the court upon 
a breach of any of such terms or conditions by the person convicted. 

Act of Mar. 15, '09; L. '09, C. 32, § 1. 

Cited in ex parte Lujan, 137 Pac. 587. 

§ 5076. Prison board — Membership. 

Sec. 59. The board of penitentiary commissioners and superintendent of the 
penitentiary of this state shall constitute a prison board for the purposes herein- 
after specified. 

Act of Mar. 15, '09; L. '09, C. 32, § 2. 

§ 5077. Id. — Information, how obtained — Judges and district attorneys to 
furnish. 

Sec. 00. It shall be the duty of the judge before whom the prisoner is tried 
and convicted, also the district attorney, to furnish such prison board, together 
with the warrant of commitment, all information that they can give in regard to 
the career of the prisoner before the committal of the crime for which lie was sen- 
tenced, stating, to the best of their knowledge, whether the prisoner was industrious 
or not, of good character or not, what his associates were, what his disposition was, 
and all the other facts and circumstances that may tend to throw any light upon 
the question as to whether such prisoner is capable of again becoming a good 
citizen. The said prison board shall also have the power to call upon any, other 
official, The New Mexico Society for tlio Friondless, doing ])risoroi*'s aid work 
in New Mexico, or other person for similar information, and, where practicable, 
shall procure such information from the people who have known the prisoner. 

Act of Mar. 15, '09; L. '09, C. 32, § 3. 

§ 5078. Id.— Rules— Record, of history, health, conduct, etc., of prisoners. 

Sec. 61. It shall be the duty of the said prison board to adopt sucli rules 
concerning all prisoners committed to their custody as shall prevent them from 



71 State Institutions § 5079 

returning to their criminal courses, best secure their self-support, and accomplish 
their reformation. 

When any prisoner shall be received into said penitentiary, the superintendent 
shall cause to be entered into a register the date of such admission, the name, age, 
nativity, nationality, with such other facts as can be ascertained of parentage, 
education, occupation, and early social influences as seem to indicate the constitu- 
tional and acquired defects and tendencies of the prisoner. Based upon these, an 
estimate shall be made of the present condition of the prisoner, and the best 
probable plan of treatment. The physician of said penitentiary shall carefully 
examine each prisoner Vv'hen received and shall enter in a register to be kept by 
him, the name, nationality or race, the weight, stature, and family history of each 
prisoner, also a statement of the condition of the heart, lungs, and other leading 
organs, the rate of the pulse and respiration, the measurement of the chest and 
abdomen, and any existing disease or deformity, or other disability, acquired or 
inherited. Upon the superintendent's register shall be entered from time to time 
minutes of observed improvement or deterioration of character, and notes as to 
the method and treatment employed; also all alterations affecting the standing or 
situation of such prisoner, and any subsequent facts or personal history which may 
be brought officially to his knowledge bearing upon the question of the parole or 
final release of the prisoner. 

Act of Mar. 15, '09; L. '09, C. 32, § 4. 

§ 5079. Parole— Rules— Arrests. 

Sec. 62. The said prison board shall have power to establish rules and reg- 
ulations under which prisoners within the penitentiary may be allowed to go upon 
parole outside the penitentiary building and enclosure (one of which shall be the 
total abstinence from alcoholic liquors as a beverage), after having served the min- 
imum term of Yds sentence, but to remain while on parole in the legal custody and 
under the control of the prison board and subject at any time to be taken back 
within the enclosure of said penitentiary; and full power to enforce such rules and 
regulations and to retake and re-imprison any inmate so upon parole is hereby 
conferred upon the superintendent, whose order, certified by the clerks of the 
prison, with the seal of the penitentiary attached thereto, shall be a sufficient war- 
rant for all officers named therein to authorize such officers to return to actual cus- 
tody any conditionally released or paroled prisoners. It is the duty of all 
officers to execute said order the same as ordinary criminal process: Provided, 
That no prisoner shall be released on parole until the said prison board shall 
have made arrangements, or shall have satisfactory evidence that arrangements have 
been made, for his honorable and useful employment, while upon parole, in some 
suitable occupation, and also for a proper and suitable home, free from criminal 
influences. 

Act of Mar. 15, '09; L. '09, C. 32, § 5. 

§ 5080. Parole prisoners — Final discharge. 

Sec. 63. It shall be the duty of the superintendent to keep in communica- 
tion, so far as possible, with all prisoners who are on parole and also with their 
employers, and when, in his opinion, any prisoner who has served not less than six 
months of his parole acceptably has given such evidence that he will remain at 
liberty without violating the law, and that his final release is not incompatible 
with the welfare of society, the superintendent will make certificate to that effect 
to the prison board, and the board shall at the next meeting thereafter consider the 
case of the prisoner so presented; and when said board shall decide that said pris- 
oner is entitled to his final discharge, said board shall cause a record of the case 
of said prisoner to be made, showing the date of his commitment to the peniten- 
tiary, his record while detained therein, the date of his parole, his record while on 
parole, and their reasons for recommending his final discharge. Said record shall 
be signed by the board and attested by the Secretarj'', with the seal of the peniten- 



§ 6081 State Institutions 72 

tiary, and sent to the judge of the court that sentenced said* prisoner to the peniten- 
tial}'. Said judge shall enter an order for the final discharge of said prisoner from 
further liability under his sentence. On being approved by the governor, said 
order shall constitute a full discharge of said prisoner from further liability under 
his sentence. But no petition or other form of application for either the parole or 
final release of any prisoner shall be entertained by the superintendent or the 
prison board. 

Act of Mar. 15, 09; L. '09, C. 32, § 6. 

§ 5081. Prisoners, paroled and discharged — Money and transportation to be 
furnished. 

Sec. 64. Upon the release of any prisoner, upon parole from the peniten- 
tiary, the superintendent shall provide him with suitable clothing, with five dollars 
in money, and shall procure transportation for him to his place of employment. 
The superintendent shall make the same provision for any prisoner discharged fron. 
the penitentiary by expiration of his maximum sentence, save that he shall procure 
transportation for said prisoner to his home, if within the State; if not, to the 
place of his conviction, or to some place not more distant, selected by the prisoner. 

Act of Mar. 15, '09; L. '09, C. 32, § 7. 

§ 5082. Violation of parole — New crime. 

Sec. 65. If any prisoner shall violate the conditions of his parole or release 
as fixed by the prison board, he shall be declared a delinquent, and shall thereafter 
be treated as an escaped prisoner owing service to the State and shall be liable, 
when arrested, to serve out the unexpired term of his maximum, possible imprison- 
ment, and the time from the date of his declared delinquency to the date of his ar- 
rest shall not be counted as any portion or part of the time served. And any pris- 
oner at large upon parole or conditional release who shall commit a fresh crime, 
and upon conviction thereof shall be sentenced anew to the penitentiary, shall be 
subject to serve the second sentence after the first is served or annulled; said sec- 
* end sentence to commence from the termination of his liability upon the first or 
former sentence. 

Act of Mar. 15, '09; L. '09, C. 32, § 8. 

§ 5083. Parole — Application of article — Governor to approve — Habitual of- 
fenders. 
Seo. GQ. The provisions of this article that relate to the power of the prison 
board to parole and release prisoners shall apply to all persons now confined in the 
penitentiary for felonies whenever such person shall have served the minimum time 
fixed by law for the crime for which he was convicted. All paroles herein provided 
for shall be approved by the governor before the same shall be valid, and no person 
who has served two previous tenns in any penitentiary shall be eligible for parole 
under this article. 

Act of Mar. 15, '09;^ L. '09, C. 32, § 9. 

§ 5084. Additional good time. 

Skc. 67. All State convicts confined in the State Penitentiary who are 
of good conduct who work as mechanics, foremen, assistant store-keepers, trusties, 
and others who work outside of tlie walls of the Penitentiary, shall receive in addi- 
tion to the regular good time, ten days per month additional while working as 
mechanics, foremen, assistant store-keeper, or trusty or while workipF outside the 
walls of the Penitentiary. 

Act of Mar. 15. '13; U '13, C. 50, § 1. 



73 State Institutions § 5085 

§ 5085. Fines and costs — Service for. 

Sec. 68. All convicts sentenced to the State Penitentiary who have a fine or 
costs or both attached to such sentence shall not be required to serve more than 
thirty d::ys for such fine or costs. 

Act of Mar. 15, '13; L. '13, C. 50, § 2. 

§ 5086. Pardon and restoration to civil rights. 

Sec. 69. If any convict shall pass the entire period of his sentence without 
any violation of the rules and regulations of the penitentiary, he shall be entitled 
to a ceitifieate thereof by the superintendent, endorsed by the board of peniten- 
tiary commissioners, and on presenting the same to the governor he may be granted 
a pardon and restored to citizenship, either at said time or subsequently, but the 
governor shall not be obliged to grant such pardon. 

Act of Jan. 19, '99; L. '99, C. 1, § 2. 

■"■¥7 

§ 5087. Application for pardons — ^Duty of penitentiary commissioners. 

Sec. 70. All applications for the pardon or commutation of any sentence of 
any convict confined in the penitentiary shall be first submitted to the board of 
penitentiary commissioners, with all the facts connected with the conviction and 
sentence of such convicts, and any such other facts as may be thought proper, and 
said board of penitentiary commissioners shall examine into the same and make 
such recommendation on the same as to them may appear proper; but no convict, 
who shall have been sentenced to the penitentiary, shall be pardoned before the 
expiration of his time, or have his time commuted by the governor^ unless the same 
be first recommended by the board of penitentiary commissioners, and it shall be 
the duty of the governor to weigh and consider all recommendations for pardon 
or commutation made by said board, and if he finds them reasonably well founded, 
to grant the pardon or commutation as recommended, or such commutation of time 
as he may deem proper. 

Act of Feb. 22, '89; L. '89, C. 76, § 53; C. L. '97, § 3542. 

ARTICLE II. THE NEW MEXICO INSANE ASYLUM. 

Section 

5088 Objects. 

5089 Board of directors. 

5090 Id. — Corporate powers — Quorum. 

5091 Officers — Election — Bond of secretary and treasurer. 

5092 President — Powers and duties. 

5093 Secretary and treasurer — Duties. 

5094 Rules and regulations. 

5095 Removal of officers and employes. 

5096 Board of directors — Powers — Contracts for supplies — Bids. 

5097 Medical superintendent — Qualifications — Duties. 

5098 Insane persons — Discharge — Convicts — Non-residents. 

5099 Id. — Commitment to asylum — Costs — Persons excluded. 

5100 New Mexico Insane Asylum — Admission of patients. 

§ 5088. Objects. 

Sec. 71. The object of The New Mexico Insane Asylum is to properly care 
for the indigent insane of the State of New Mexico, and provide suitable accommo- 
dations and maintenance therefor. 

Act of Feb. 28, '89; L. '89, C. 138, § 40; C. L. '97, § 3607. 

§ 5089. " Board of directors. 

Sec. 73. The management and control of said asylum, the care and preserva- 
tion of all property of which it shall become possessed, the erection and construc- 
tion of all buildings necessary for its use, and the care and custody of all patients 
therein confined^ and the disbursement and expenditure of all moneys appropriated 



§ 5090 State Institutions 74 

by this article or received in any other manner for its use, shall be vested in a board 
of directors. 

Act of Feb. 28, '89; L. '89, C. 138, § 41; C. L. '97, § 3608. 

§ 5090. Id. — Corporate powers — Quorum. 

Sec. 73. Said board of directors and their successors in office shall constitute 
a body corporate, under the name and style of, The Directors of the Insane Asylum 
of New Mexico, with the right as such of suing and being sued, contracting and 
being contracted with, of making and using a common seal and altering the same 
at pleasure, or causing all things to be done necessary to carry out the provisions 
of this article with reference to said insane asylum. The majority of said board shall 
constitute a board for the transaction of business, but a less number may adjourn 
from time to time. 

Act of Feb. 28, '89; L. '89, C. 138, § 43; C. L. '97, § 3610. 

For appointment and term of oflfice see Constitution, Art. XIV, Sec. 3. 

For qualifications see Constitution, Art. VII, Sec. 2. 

§ 5091. Officers — Election — Bond of secretary and treasurer. 

Sec. 74. The board of directors of said asylum for the insane shall have a 
president and a secretary and treasurer, elected from its members. The election 
of such officers shall occur annually on the second Monday in March in each year; 
all officers so elected shall hold their offices until their successors are duly elected 
and qualified. The person so elected as secretary and treasurer shall, before entering 
upon tlie discharge of his duties, as such, execute a good and sufficient bond to the 
State of I^ew Mexico, with two or more sufficient sureties, residents of this state, 
in the penal sum of not less than twenty thousand dollars, conditioned for the faith- 
ful performance of his duties as such secretary and treasurer, and that he will faith- 
fully account for and pay over to the person or persons entitled thereto all moneys 
which shall come into his hands as such officer, which said bond shall be approved 
by the Governor and shall be filed with the Secretary of State. 

Act of Feb. 28, '89; L. '89, C. 138, §§ 44, 53; C. L. '97, §§ 3611, 3574. 

§ 5092. President — Powers and duties. 

Seo. 75. The president of the board shall be the chief executive officer, shall 
preside at all meetings thereof except that when he is absent the board may appoint 
a president pro tern., sign all instruments required to be executed by said board. 
He shall also generally direct the affairs of said asylum, nominate and by and with' 
the advice and consent of the board of directors, employ all physicians, nurses, 
guards and other employes deemed necessary by said board to the proper manage- 
ment of said asylum or as herein provided, and in like manner shall determine the 
amount of their respective salaries, subject to the provisions and restrictions of 
this article. 

Act of Feb. 28, '89; L. '89, C. 138, § 45; C. L. '97, § 3612. 

§ 5093. Secretary and treasurer— Duties. 

Sec. 76. The secretary and treasurer shall be the financial and recording 
officer of said board, shall keep a true and correct account of all money received 
and expended by him, shall attest all instruments required to be signed by the 
president, and shall keep a true and correct record of all the proceedings of said 
board, and shall do all other things required of him by said board. 

Act of Feb. 28, '89; L. '89, C. 138, § 46; C. L. '97, § 3613. 

§ 5094. Rules and regulations. 

Sec. 77. Said board of directors shall have power and it shall be their duty 
to enact laws, rules and regulations not inconsistent with the laws of the state. 



70 



State Institutions § 5095 



for the government of said asylum, its employes and inmates, and shall provide for 
the manner in which all meetings of the said jjoard shall be called and held. 

Act of Feb. 28, '89; L. '89, C. 138, § 47; C. L. '97, § 3614. 

§ 5095. Removal of officers and employes. 

Sec. 78. The board of directors shall have power to remove any officer or 
employe of said insane asylum when in their judgment it is to the best interest of 
said institution. 

Act of Feb. 28 '89; L. '89, C. 138, § 48; C. L. '97, § 3615. 

§ 5096. Board of directors — Powers — Contracts for supplies — Bids. 

Sec. 79. The said board of the asylum shall have the discretionary powers, 
in case of absolute necessity, to remove patients to the nearest possible safe and 
appropriate place; to cause the accounts of the asylum to be so kept and reported 
as to show the quality, quantity, cost and vendor of every article purchased; to 
examine and audit the expenditure for employes and all other expenses incident 
to the conduct of the asylum and care and maintenance of the patients therein; to 
make regulations and fix the terms upon which insane patients who are not in- 
digent or who are not residents of the state shall be permitted to enter or be cared 
for in said as^dnm, and all receipts from such source must be paid into the State 
Treasury to the credit of the insane asyliun fund. Said board shall require the 
medical superintendent or manager to "submit estimates of the amount of pro- 
visions, fuel, clothing and other supplies required for the period of not more than 
six months from the time said report is received, and said board shall then proceed 
to advertise in some newspaper published in said state for the period of four con- 
secutive weeks, calling for bids to supply the same, or so much thereof as they may 
deem necessary or have money to pay for, and shall let the contract for furnishing 
the same to the lowest responsible bidder; Provided, Said board shall have the 
right to reject any and all bids, and no more than the regular market price shall 
be paid for any supplies for said asylum. And said board shall have the right to 
require satisfactory security of all contractors for supplies for the faithful perform- 
ance of their contracts. N^othing in this section shall prevent said board from pur- 
chasing contingent supplies at the lowest market price, prior to any regular meet- 
ing or in case of emergency. 

Act of Mar. 15, '13; L. '13, C. 73, § 1. 

§ 5097. Medical superintendent — Qualifications — ^Duties. 

Sec. 80. The medical superintendent must be a graduate in medicine and 
must have practiced his profession five years after the date of his diploma, and 
must give so much of his time to the looking after said asylum as may be provided 
for by said board of directors, and reside at said asylum. His duties shall 
be such as may be prescribed by the board of directors in their by-laws, in relation 
to control of the patients, prescribing the treatment and the enforcement of sanitary 
regulations of said asylum, and the making of all reports and estimates as to ex- 
penditures and the condition of said asylum, as said board of directors may deem 
proper. 

Act of Feb. 28, '89; L. '89, C. 138, § 50; C. L. '97, § 3617. 

§ 5098. Insane persons — Discharge — Convicts — Non-residents. 

Sec. 81. Insane persons received into the asylum must, upon recovery, be 
discharged therefrom. Insane convicts must be received into the asylum and re- 
turned to the state penitentiary upon their recovering, unless their sentence 
has expired. No person afflicted with any contagious or infectious disease shall be 
admitted into the asylum as a patient. No indigent insane person not a resident 
of this state shall be received into the asylum unless he became insane within 
the state, but in all cases the indigent insane of this state shall have the 



§ 5099 State Institutions 76 

preference right to admission. If, at the time of the discharge of the patient from 
the said asylum, or after the death and burial of any patient confined therein, 
there remains in the custody of the directors or superintendent any money paid 
for the support or maintenance of such patient in excess of the -necessary charges 
and expenses due for such patient's support and care, it must, upon demand, be 
repaid to the person who advanced the same. 

Act of Feb. 28, '89; L. '89, C. 138, § 51; C. L. '97, § 3618. 

Repealed L. '15, C. 17, Appendix. 

§ 5099. Id. — Commitment to asylum — Costs — Persons excluded. 

Sec. 82. Whenever it appears, by affidavit, to the satisfaction of a justice of 
the peace of any county, that any person within the said county is so far dis- 
ordered in his mind as to endanger his health, person or property, he must issue 
and deliver to some peace officer for service, a warrant directing that such person 
shall be taken into custody and taken before any judge of the district court within 
the proper district for examination. When the person is so taken before said judge, 
he must issue subpoenas to two or more witnesses, best acquainted with said person, 
to appear and testify before said judge at such examination. A subpoena shall so 
issue for at least one graduate of medicine, requiring him to attend such examina- 
tion, and if said physician upon such examination shall certify that said person is 
insane and that it would be dangerous for him to be at large in the community, 
and the court is satisfied of the same; and further, if said person is indigent, he 
shall so certify to the board of directors of the asylum, and shall order said person 
to be committed to said asylum, and such indigent insane person shall be admitted 
to said asylum upon the presentation of such certificate. And in such case the court 
shall have the right to make an order granting the reasonable costs and charges of 
such examination and the transportation of such person to said asylum, against the 
county from which he is taken, and the county commissioners of such county shall 
audit and allow the same in favor of the several persons entitled thereto : Provided, 
That in case any person so found to be insane is possessed of property of any sort 
that can be subjected to the payment of the care and support of such insane person, 
then the court shall order all proper proceedings to be taken to subject such prop- 
erty to the payment of the care and support of said person : Provided, further, No 
case of idiocy, imbecility or simple feeblemindedness shall be maintained at, nor 
shall any case of delirium tremens or mania a potu be admitted to said asylum. 

Act of Feb. 28, '89; L. '89, C. 138, § 52; C. L. '97, § 3619. 

§ 5100. New Mexico Insane Asylum — Admission of patients. 

Sec. 83. It shall be the duty of the authorities of said insane asylum to re- 
ceive all indigent insane from any part or county of the State who are entitled to 
admittance in said asylum without regard to the quota in said asylum from any 
particular county. 

Act of Mar. 19, '03; L. '03, C. 108, § 2. 

ARTICLE III. NEW MEXICO ASYLUM FOR DEAF AND DUMB— NEW MEXIC^ IN- 
STITUTE FOR THE BLIND— MINERS' HOSPITAL OF NEW 
MEXICO— REFORM SCHOOL. 

Section 

5101 Asylum for deaf and dumb. 

5102 Board of regents — Powers — Term of office. 

5103 Age for admission— Instruction free — Children not residents. 

5104 Compulsory attendance. 

5105 Institute for the blind— Entrance conditions — Payment of charges 

5106 Miners' Hospital — Free treatment. 

5107 Reform school— Purpose— Sentence of youthful offenders — Idle children. 

5108 Id. — Work — Control of persons confined. 

5109 Management — Trustees — Qualification and terms — Powers. 

5110 Boards of trustees— Duties and powers. ..,_, 



77 State Institutions § 5101 

§ 5101. Asylum for deaf and dumb. 

Sec. 84, The name of the asylum for tlie deaf and dumb is to be known as 
the ^^N'ew Mexico Asylum for the Deaf and Dumb." 

Act of Feb. 13, '03; L. '03, C. 2, § 1. 

§ 5102. Board of regents — Appointment — Officers — Superintendent — Indebt- 
edness — Report. 

Sec. 85. The said asylum shall be under the control and management of a 
Board of Regents consisting of five members to be appointed by the Governor, by 
and with the advice and consent of tlie Senate for a temi of four years. Not more 
than three of them shall belong to the same political party at the time of their ap- 
pointment. Said board shall make its own rules and regulations for the government 
of its meetings and the institution under its care. Annually on the second Monday 
of April said board shall elect from among their number a president and a 
secretary. 

The board shall have full power and authority to employ a superintendent, 
teachers and all other necessary employes to carry on the said asylum in the most 
efficient manner with the appropriations made therefor, with full power to provide 
suitable buildings, additions to existing buildings, and otherwise enlarging and 
improving the buildings and property now occupied by said asylum: 

Provided, that it shall be unlawful for any member or members of said board 
to incur any indebtedness or provide any improvements, repairs, or en- 
large said buildings, except for current expenses, unless there shall be money on 
hand in the treasury subject to be used for such purposes. 

Such board shall serve without compensation or salary except that they may 
be refunded actual cash expended by them in necessarily attending the meetings 
of such board. 

The said board shall biennially, in the years when the state legislature meets, 
present to the govrnor a full and detailed report including an itemized statement 
of all expenditures and of all its doings and actions during the previous two years, 
with such information and recommendations as it may deem necessary and advis- 
able for the governor and the legislature to act upon. 

Act of Mar. 15, '99; L. '99, C. 42, § 2. 

For acceptancec of land grant see Constitution, Art. XII, Sec. 11. 

§ 5103. Age for admission — Instruction free — Children not residents. 

Sec. 86. The asylum shall be devoted exclusively to the care and instruction 
of the deaf and mutes, those who are either deaf or mute, of both sexes residents 
within the State of New Mexico between the ages of eight and twenty-one years. 

All instruction shall be free : Provided, that deaf or mute children from other 
states or territories and Indian children under the control of U. S. Indian agents, 
may be received and educated in said asylum, imder such rules and regulations as 
the board of trustees may prescribe; but in no event shall such children be ad- 
mitted, except upon the payment or guaranty of at least two hundred and twenty- 
five dollars for the school year on the basis of nine months for such year, and the 
president of such board of regents is hereby authorized to make and enter into on 
behalf of the said asylum, all necessary agreements and contracts with the U. S. 
Government and the proper authorities of such other states and territories for the 
reception and education of such children; and he is further authorized to receive 
and receipt for all moneys paid upon such account and to endorse and transfer 
all checks, vouchers or other evidences of payment made or received in behalf of 
such asylum. 

Act of Mar. 15, '99; L. '99, C. 42, § 3. 



§ 5104 State Institutions 78 

§ 5104. Compulsory attendance. 

Sec. 87. It is hereby made the duty of the clerks of all school districts and 
boards of education within the State of New Mexico, to report to the school 
superintendent of their respective counties, the names, age, sex and residence of 
all deaf or mute persons of school age residing within their respective districts 
together with the postoffice address of the parents or guardians of such children, 
this report to be incorporated in the regular report from such school district at 
the time provided by law; and it shall be the duty of such school superintendent 
to at once send a report to the superintendent of this asylum including the names 
and addresses of all such children within his county. 

It shall then be the duty of the superintendent of this asylum, to at once 
notify the parents or guardians of such children to send the same to this asylum 
for proper instruction at a time to be fixed by him. 

If the parent or guardian of any such child shall make oath that by reason of 
his poverty he is unable to suitably clothe such child and provide means of trans- 
portation for it from its home to such asylum, and the probate judge of such 
county in which the child lives shall certify that such is the fact under the seal of 
his court, then and in that case the superintendent of said asylum is authorized 
to draw a requisition upon the board of trustees for a sufficient amount of money 
to suitably clothe such child and pay for its transportation to this asylum, which 
requisition shall be honored by such board and such child shall thereupon be sent 
by its parents or guardian to such asylum for instruction, and the provisions of sec- 
tion 4960 in regard to compulsory attendance upon the public schools are hereby 
extended to and made applicable to attendance upon some school for the deaf and 
the mute, and the school directors of the several districts are hereby required and 
directed to enforce the same with regard to this asylum in the same manner as is 
provided by that section for enforcing attendance upon the district schools. 

Any failure on the part of any person hereinbefore mentioned to comply with 
the duties herein provided shall be deemed a misdemeanor and punished as such. 

Act of Mar. 15, '99; L. '99, C. 42, § 4. 

§ 5105. Institute for the blind — Entrance conditions — Payment of charges. 

Sec. 88. The New Mexico Institute for the Blind is intended and meant for 
the proper instruction of the blind youth of the State. 

Act of Feb. 21, '07; L. '07, C. 4, § 1. 

§ 5106. Miners' Hospital — Free treatment. 

Sec. 89. The miners' hosi)ital of New Mexico is intended and meant to 
be for the free treatment and care of resident miners of the State 
of New Mexico, who may become sick or injured in the line of their occupa- 
tion; and all lodging and medical care shall be free of charge, as shall all other 
expenses incurred by the patient, except in cases where such patient is possessed 
of property and means sufficient to enable him to pay the actual costs and charges 
incurred by his attendance at such hospital, in which case the board of trustees 
may make provision for his being charged and paying such expenses incurred. 

Provided, however, The said trustees, may take in other patients for treatment 
and care, upon tlie payment of all expenses therefor, by said patients, when the 
same may be so received and treated without excluding any miners from said hos- 
pital. 

Act of Feb. 13, '03; L. '03, C. 2, § 9. as amended by L. '07, C. 48, § 1. 

§ 5107. Reform school — Purpose — Sentence of youthful offenders — Idle 
children. 

Sec. 90. The New Mexico Refoim School at Springer, in Colfax County, is 
intended and meant for the confinement, instruction and reformation of juvenile 
offenders against the laws of the State of New Mexico, and of any persons of idle, 
vicious or vagrant habits of both sexes in the State of New Mexico, under the age of 



79 State Institutions § 5108 

eighteen years, who may be convicted of any offense less than a felony punishable 
by imprisonement in the penitentiary for the term of life, and it shall be the duty 
of the court upon such conviction, when it is shown to the court that the person 
convicted is under the age of eighteen years, to order the sentence to be executed 
by confinement in such reform school instead of in the penitentiary; and upon com- 
plaint under oath being made to any judge of the district court that any person of 
either sex under the age of eighteen years is of idle, vicious and vagrant habits, it 
shall be the duty of such court to investigate and pass upon the complaint so made 
as in cases of misdemeanors during the terms of the district court as other criminal 
cases are tried before it, and all the laws and provisions in regard to such trials 
for misdemeanors are hereby made applicable to such complaints, and in case said 
court shall find the complaint to be sustained by the evidence it shall find the de- 
fendant guilty and sentence him to such reform school for any period not exceed- 
ing one 3^ear. 

Act of Feb. 13, '03; L. '03, C. 2, § 10. 

§ 5108. Reform sphool— Work— Control of persons conjBued. 

Sec. 91. All persons sentenced to such reform school- shall be compelled to 
perform such useful labor and submit to such rules and regulations in and about 
the said school and grounds as the board of trustees may prescribe, and the super- 
intendent or warden shall have the power, and it shall be his duty, to see that all 
rules and regulations of the said board are properly enforced, and infringements 
thereof shall be properly punished. 

§ 5109. Management — Trustees — Qualification and terms — Powers. 

Sec. 92. The management and control of each of said institutions mentioned 
in this article, the care and preservation of all property of which they shall become 
possessed, the erection and construction of all buildings necessary for their use, 
and the disbursement and expenditure of all moneys appropriated by the State 
of New Mexico, or which shall otherwise come into their possession, shall be vested 
in a board of five trustees, one of such boards for each of said institutions. 
Said trustees shall possess the same qualifications, shall be appointed 
in the same manner, and their terms of office shall be the same and 
the vacancies therein shall be filled in the same manner as is provided by law 
with reference to the regents of the State University at Albuquerque, Xew 
Mexico. Said trustees and their successors in office shall constitute a body cor- 
porate, under the name and stvle of "The Trustees of the New Mexico Asylum 
for the Deaf and Dumb,'' "The Trustees of the New Mexico Eeform School," "The 
Trustees of the New Mexico Institute for the Blind" and "The Trustees of the 
Miners' Hospital of New Mexico," respectively, with the right as such of suing 
and being sued, of contracting and being contracted with, of making and using a 
common seal and altering the same at pleasure, and of causing all things to be 
done necessary to carry out the provisions of this article. A majority of such board 
of any of the above institutions shall constitute a quorum for the transaction of 
business, but a less number may adjourn from time to time. The officers of each 
of said boards shall be elected in the same manner and possess the same qualifications 
as the officers of the University of New Mexico now possess; and the secretary and 
treasurer respectively of each of such institutions located as aforesaid, shall each give 
bond in the sum of ten thousand dollars, ($10,000) to the state of New 
Mexico, with two or more sufficient sureties resident of this state, or by duly 
authorized surety company, conditioned for the faithful performance of their 
duties, and that they will faithfully account for and pay over to the person or 
persons entitled thereto, at the time and in the manner provided by law, or pursu- 
ant to contract, all moneys which shall come into their hands as such officers, which 
bond shall be approved by the judge of the district court within whose district the 



§ 5110 State Institutions 80 

said institution is located, and after approval shall be filed and recorded in the 
office of the secretary of state. The governor shall be ex-officio a member of each 
of said boards, but shall not have the right to vote or be eligible to office. 

Act of Feb. 13, '03; L. '03, C. 2, § 6. 

§ 5110. Boards of trustees — Duties and powers. 

Sec. 93. The boards of each of said institutions shall have power, and 
it shall be their duty, to pass and enforce by-laws, rules and regulations for 
the government of such institutions, for the proper carrying out of their sev- 
eral objects, not in conflict with the laws of the State of New Mexico, or any 
act of congress, and to provide all proper and necessary books, apparatus, instru- 
ments, medicines, clothing food and supplies, and other materials or things neces- 
sary for the proper conduct of the several institutions hereinbefore named and the 
care, support and protection of the inmates thereof when necessary; also to employ 
all teachers, physicians, wardens or superintendents and employes, and to prescribe 
the duties and compensation of each, and they shall have full power to remove or 
discharge any officer or employe appointed or selected by them in any of such in- 
stitutions, when in their Judgment the interest of such institution shall require. 

Act of Feb. 13, '03; L. '03, C. 2, § 7. 

ARTICLE IV. ORPHANS' HOME. 

Section 

5111 Creation. 

5112 Sisters of Charity to manage. 

5113 Id.— Duties. 

5114 Orphan and indigent children — Duty of probate judge and sisters of charity. 

5115 Visiting board — Payment to sisters. 

5116 Use of funds. 

§ 5111. Creation. 

Sec. 94. The Asylum of the Sisters of Charity of Santa Fe shall be an 
orphans' home and industrial school for the care, support and education of the 
orphan and indigent children of the State of New Mexico, and shall be known 
and legally designated as the Orphans' Home and Industrial School of the State of 
New Mexico. 

Act of Apr. 3, '84; L. '84, C. 55, § 1; C. L. '97, § 1617. 

§ 5112. Sisters of Charity to manage. 

Sec. 95. The said orphans' home and industrial school shall be under the 
care, charge, control and custody of the Sisters of Charity of Santa Fe, subject to 
the general supervision of the board of supervisors, and to all orders issued by said 
board. 

Act of Apr 3, '84; L. '84, C. 55, § 3; C. L. '97, § 1619. 

§ 5113. Id.— Duties. 

Sec. 96. The said Sisters of Charity, under whose care, custody and control 
said orphan and indigent children of the State are hereby placed, are to board, 
clothe and instruct said children in the common school branches. 

Act of Apr. 3, '84; L. '84, C. 55, § 4; C. L. '97, § 1620. 

§ 5114. Orphan and indigent children— Duty of probate judge and sisters of 
charity. 

Sec. 97. It shall be the duty of the probate judges in the several counties, 
to place all orphan and indigent children with some good and responsible person, 
who will agree to care for, educate and teach them to work for a certain number 
of years to be agreed upon, and it shall also be the duty of said Sisters of Charity 
to use their best endeavors in like manner to place such children in families for 



81 State Institutions § 5115 

the same purpose : Provided, Ten children may be kept at Bernalillo, but under the 
direction of the Sisters at Santa Fe. 

Act of Apr. 3, '84; L. '84, C. 55, § 6; C. L, '97, § 1622. 

§ 5115. Visiting board— Payment to sisters. 

Sec. 98. The archbishop of the State, the governor and attorney general 
of the state, the chief justice of the supreme court of the state, and the physician 
of the hospital, shall constitute a board of visitors of the said hospital of the Sisters 
of Charity at Santa Fe. 

Act of Feb. 2, '80; L. '80, C. 38, § 2; C. L. '97, § 3679. 

§ 5116. Charitable institutions — Use of funds. 

Sec. 99. All sums paid out for said institutions shall be audited monthly and 
paid by the auditor by his warrant on the treasurer, upon a requisition from the 
proper authority of each institution, and that no part of any hospital or relief 
society fund shall be used for salaries of officials, nurses or other employes, but shall 
be used exclusively for the relief and care of poor and indigent persons. 

Act of Mar. 18, '97; L. '97, C. 72, § 2; C. L. '97, § 3683. 

ARTICLE V. THE UNIVERSITY OF NEW MEXICO. 

Section 

5117 To be state university. 

5118 Purpose. 

5119 Board of regents. 

5120 Id.— Title — Corporate powers. 

5121 Olfficers — Election — Bond of secretary and treasurer. 

5122 President — Secretary and treasurer — Duties and powers. 

5123 Regents — Rules and regulations. 

5124 Departments. 

5125 Regents — Supervisory power — Degrees — Removal of officers. 

5126 Who may attend. 

5127 To be non-sectarian. 

5128 Board of regents — Calling meetings — Quorum. 

§ 5117. To be state university. 

Sec. 100. The University of New Mexico is intended to be the state university, 
and as such is entitled to all the donations of land and all other benefits under all 
acts of congress enacted for the benefit of such educational institutions in the state. 

Act of Feb. 28, '89; L. '89, C. 138, § 7; C. L. '97, § 3569. 

See Constitution, Art. XII, Sees. 11, 12. 

§ 5118. Purpose. 

Sec. 101. The object of the university shall be to provide the inliabitants of 
tlie State of iS'ew Mexico with the means of acquiring a thorough knowledge of the 
various branches of literature, science and arts. 

Act of Feb. 28, '89; L. '89, C. 138, § 8; C. L. '97, § 3570. 

§ 5119. Board of regents. 

Sec. 102. The management and control of said univrsity, the care and 
preservation of all property of which it shall become possessed, the erection and 
construction of all buildings necessary for its use, and the disbursements and ex- 
penditures of all moneys, shall be vested in a board of five regents. 

Act of Feb. 28, '89; L. '89, C. 138, § 9; C. L. '97, § 3571. 

For appointment see Constitution, Art. XII, Sec. 13. 

For filling of vacancies see Constitution, Art. XX, Sec. 5. 

For qualification see Constitution, Art. VII, Sec. 2. 



§ 5120 State Institutions 82 

§ 5120. Id.— Title— Corporate powers. 

Sec. 103. The regents of the university and their successors in office shall 
constitute a body corporate under the name and style of, The Regents of the Univer- 
sity of New Mexico, with the right, as such, of suing and being sued, or contract- 
ing and being contracted with, of making and using a common seal and altering 
the same at pleasure. 

Act of Feb. 28, '89; L. '89, C. 138, § 11; C. L. '97, § 3573. 

§ 5121. Officers — Election — Bond of secretary and treasurer. 

Sec. 104. The board of regents of the University of N'ew Mexico shall meet 
and organize by the election of its officers at Albuquerque, in Bernalillo county, 
on the second Monday in March in each year ; all officers so elected shall hold their 
offices until their successors are duly elected and qualified. At such elections they 
shall elect a president and a secretary and treasurer from their number. The person 
so elected as secretary and treasurer shall, before entering upon the discharge of his 
duties as such, execute a good and sufficient bond to the State of New Mexico, 
with two or more sufficient sureties, residents of this State, in the penal sum 
of not less than twenty thousand dollars, conditioned for the faithful performance 
of his duties as such secretary and treasurer, and that he will faithfully account 
for and pay over to the person or persons entitled thereto all moneys which shall 
come into his hands as such officer, which said bond shall be approved by the gov- 
ernor of the State, and shall be filed with the secretary of state. 

Act of Feb. 28, '89; L. '89, C. 138, § 12; C. L. '97, § 3574. 

Although the Secretary and Treasurer must b6 a member of the Board of 
Regents when elected, his right to hold that office until the appointment and qual- 
ification of his successor is not dependent upon his continuing to be a member of 
the Board. 

Bowman Bank & Trust Co. v. First National Bank, 139 Pac. 148. 

In the absence of any direction from the Board of Regents the Treasurer may 
keep the funds in any bank he sees fit, or keep them in his own possession. A cer- 
tificate representing the deposit in bank of such funds is assignable, and his assignee 
is entitled to receive such funds from the bank. 

Bowman Bank & Trust Co. v. First National Bank, 139 Pac. 148. 

§ 5122. President — Secretary and treasurer— Duties and powers. 

Sec. 105. The president of said board shall be the chief executive officer, 
shall preside at all meetings thereof, except that when he is absent the board may 
appoint a president pro tern., and sign all instruments required to be executed by 
said board. He shall also generally direct the affairs of said university, nominate, 
and by and with the advice and consent of the board of regents, appoint all 
professors, tutors, instructors and other employes necessary to the proper conduct 
of said university; and in like manner shall be determined the amount of their 
respective salaries. The secretary and treasurer shall be the financial and record- 
ing officer of said board, shall keep a true and correct account of all moneys re- 
ceived and expended by him, shall attest all instruments required to be signed by 
the president, and shall keep a true record of all the proceedings of said board, 
and generally do all other things required of him by said board. 

Act of Feb. 28, '89; L. '89, C. 138, § 13; C. L. '97, § 3575. 

§ 5123. Regents — Rules and regulations. 

Sec. 106. The regents shall have power and it shall be their duty to enact 
laws, rules and regulations for the government of the university. 

Act of Feb. 28, '89; L. '89, C. 138, § 14; C. L. '97, § 3576. 

§ 5124. Departments. 

Sec. 107. The university shall have departments, which shall be opened at 
Buch times as tlie board of regents deem best, for instruction in sci- 



83 State Institutions § 5125 

ence, literature and the arts, law, medicine, engineering and such other depart- 
ments and studies as the board of regents may, from time to time, decide upon, 
including military training and tactics. 

Act of Feb. 28, '89; L. '89, C. 138, § 15; C. L. '97, § 3577. 

§ 5125. Regents — Supervisory power — Degrees — Removal of officers. 

Sec. 108. The immediate government of the several departments shall be 
intrusted to their respective faculties, but the regents shall have the power to reg- 
ulate the course of instruction, and prescribe the books and authorities to be used 
in the several departments, and also confer such degrees and grant such diplomas 
as are usually conferred and granted by other universities. The regents t^hall have 
power to remove any officer connected with the university when in their judgment 
the interests require it. 

Act of Feb. 28, '89; L. '89, C. 138, § 16; C. L. '97, § 3578. 

§ 5126. Who may attend. 

Sec. 109. The university shall be open to the children of all residents of 
this State and such others as the board of regents may determine, under such rules 
and regulations as may be prescribed by said board, whenever the finances of the 
institution shall warrant it, and it is deemed expedient by said board of regents. 

Act of Feb. 28, '89; L. '89. C. 138, § 16a; C. L. §'97, § 3579. 

§ 5127. To be non-sectarian. 

Sec. 110. No sectarian tenets or opinions shall be required to entitle any 
person to be admitted as a student or employed as a tutor, or other instructor in 
said university, but the same shall forever be strictly non-sectarian in character. 

Act of Feb. 28, '89; L. '89, C. 138, § 17; C. L. '97, § 3580. 

§ 5128. Board of regents — Calling meetings — Quorum. 

Sec. 111. The meetings of the board may be called in such manner as the 
board of regents may prescribe, and the majority of said board shall constitute a 
quorum for the transaction of business, but a less number may adjourn from time 
to time. 

Act of Feb. 28, '89; L. '89, C. 138, § 18; C. L. '97, § 3581. 

ARTICLE VI. THE NEW MEXICO COLLEGE OF AGRICULTURE AND MECHANIC 

ARTS. 

Section 

5129 Purpose and character. 

5130 Course of instruction — Board of regents — Corporate powers — Quorum. 

5131 Officers. 

5132 Id. — Powers and duties. 

5133 Agricultural experiment station. 

5134 Assent to Act of Congress. 

5135 Agricultural experiment stations — Assent to terms of federal act. 

5136 Id. — ^Assent to Act of Congress. 

5137 Board of regents — Rules — Calling meetings. 

5138 Id. — Instruction — Books — Degrees — Removal of officer. 

§ 5129. Purpose and character. 

Sec. 112. The New Mexico College of Agriculture and Mechanic Arts 
shall be an institution of learning open to the children of all the 
residents of this state, and such other persons as the board of regents 
may determine, under such terms, rules and regulations as may be pre- 
scribed by said board of regents; shall be non-sectarian in character and devoted 
to practical instruction in agriculture, mechanic arts, natural sciences connected 
therewith, as well as a thorough course of instruction in all branches of learning 
bearing upon agriculture, and other industrial pursuits. 

Act of Feb. 28, '89; L. '89, C. 138, § 19; C. L. '97, § 3552. 



§ 5130 State Institutions 84 

§ 5130. Course of instruction — Board of regents — Corporate powers — Quorum. 

Sec. 113. The course of instruction of the college hereby created shall em- 
brace the English language, literature, mathematics, philosophy, civil engineering, 
chemistry and animal and vegetable anatomy and physiology, the veterinary art, 
entomology, geology, and political, rural and household economy, horticulture, 
moral phiJosophy, history, mechanics and such other sciences and courses of in- 
struction as shall be prescribed by the regents of this institution of learning. The 
management of said college and experiment station, the care and preservation of 
all property, of which such institution shall become possessed, the erection and 
construction of all buildings necessary for the use of said college and station, and 
the disbursement and expenditure of all moneys provided for by this act, shall be 
vested in a board of five ' regents. Said five regents shall possess the same qual- 
ifications, as required for the regents of the University of New Mexico. Said 
regents and their successors in office shall constitute a body corporate, with the 
name and style of. The Regents of the Agricultural College of New Mexico, with 
the right as such of suing and being sued, of contracting and being contracted 
with, of making and using a common seal, and altering the same at pleasure, of 
causing all things to be done necessary to carry out the provisions of law. A 
majority of the board shall constitute a quorum for the transaction of business, 
but a less number may adjourn from time to time. 

Act of Feb. 28, '89; L. '89, C. 138, § 20; C. L. '97, § 3553. 

For appointment and terms of oflEice see Constitution, Art. XII, Sec. 13. 

For filling of vacancies see Constitution, Art. XX, Sec. 5. 

For qualifications see Constitution, Art. VII, Sec. 2. 

Referred to in Bowman Bank & Trust Co. v. First National Bank, 139 Pac. 148. 

§ 5131. Officers. 

Sec. 114. The officers of said college shall be the same, be elected in the same 
manner, at the same time, and possess the same qualifications as the regents and 
officers, shall perform their duties as provided for the regents and officers of the 
University of New Mexico. The secretary and treasurer shall receive a salary of one 
hundred dollars a month. 

Act of Feb. 28, '89; L. '89, C. 138, § 21; C. L. '97, § 3554, and C. L. '97, § 3642. 

§ 5132. Id.— Powers and duties. 

Sec. 115. The board of regents shall direct the disposition of any moneys 
belonging to or appropriated to the agricultural college and experiment station 
and shall make all rules and regulations necessar}^ for the government and man- 
agement of the same, adopt plans and specifications for necessary buildings and 
superintend the construction of said buildings, and fix the salaries of professors, 
teachers and other employes, and the tuition fees to be charged in said college. 

Act of Feb. 28, '89; L. '89, C. 138, § 23; C. L. '97, § 3556. 

Referred to in Bowman Bank & Trust Co. v. First National Bank, 139 Pac. 148. 

§ 5133. Agricultural experiment station. 

Sec. 116. The agricultural experiment station in connection with said college 
shall be under the direction of the said board of regents of said college for the pur- 
pose of conducting experiments in agriculture according to the terms of section one 
of an act of congress approved March 2, 1887, and entitled, An act to establish agri- 
cultural experimrnt stations in connection with the colleges established in the several 
states under the provisions of an act approved July 2, 1862, and of the acts sup- 
plementary thereto. Tlie said college and experiment station shall be entitled to 
receive all the benefits and donations made and given to similar institutions of 
learning in other states and territories of the United States by the legislation of the 
congress of the United States and particularly to the benefit and donations given by 



85 State Institutions § 5134 

the provisions of an act of congress of the United States entitled, An act donating 
public lands to the several states and territories which may provide colleges for the 
benefit of agriculture and mechanic arts, approved July 2, 18G2, and of all acts 
supplementary thereto, including the act entitled, An act to establish agricultural 
experiment stations in connection with colleges established in the several states 
under the provisions of an act approved July 2, 1862, and of the acts supplementary 
thereto, which said last mentioned act was approved March 2, 1887. 

Act of Feb. 28, '89; L. '89, C. 138, § 24; C. L. '97, § 3557. 

§ 5134. Assent to Act of Congress. 

Seo. 117. The assent of the Legislature of New Mexico is hereby given in 
pursuance of the requirement of section two of an act of congress entitled, An 
Act* to apply a portion of the proceeds of the public lands to the 
more complete endowment and support of the colleges for the benefit of agri- 
culture and the mechanic arts, established under the provisions of an act of con- 
gress approved July 2, 1862, approved August 30th, 1890, to the granting of 
moneys for the benefit of the agricultural college of Xew Mexico, and the said 
Legislature accepts and consents to all of the terms and conditions of said act of 
congress, and assent is further given to carry out within the State of New Mexico, 
all and singular, the provisions of said act of congress. 

Act of Feb. 26, '91; L. '91, C. 78, § 1; C. L. '97, § 3567a. 

§ 5135. Agricultural experiment stations — Assent to terms of federal act. 

Sec. 118. That the assent of the Legislature of the State of New Mexico 
is hereby given, in pursuance of the requirements of Section 2 of An 
Act of Congress entitled, "An Act to provide for an increased annual appropriation 
for Agricultural Experiment Stations and regulating the expenditures thereof, ap- 
proved March 16, 1906," commonly known as the Adams Act, to the purpose of 
the grants of money authorized by such act to the carrying out, within the State of 
New Mexico, of all and singular the provisions of said act. 

Act of Mar. 7, '07; L. '07, C. 13, § 1. 

§ 5136. Id. — Assent to Act of Congress. 

Sec. 119. The assent of the Legislature of the State of New Mexico, 
is hereby given in pursuance of the requirements of section of said 
act of congress, approved March 2, 1887, to the granting of money therein made 
to the establishment of experiment stations in accordance with section one of said 
last mentioned act, and assent is hereby given to carry out, v/ithin the State of New 
Mexico, all and singular the provisions of said act. 

Act of Feb. 28, '89; L. '89, C. 138, § 25; C. L. '97, § 3558. 

§ 5137. Board of regents — Rules — Calling meetings. 

Sec. 120. The board of regents shall have power and it shall be their duty 
to enact laws for the government of said college and experiment station and the 
meetings of said board may be called in such manner as the regents may prescribe. 

Act of Feb. 28, '89; L. '89, C. 138, § 26; C. L. '97, § 3559. 

§ 5138. Id. — Instruction — Books — ^Degrees — Removal of officer. 

Sec. 121. The immediate government of the several departments shall be 
intrusted to their respective faculties, but the regents shall have the power to 
regulate the course of instruction and prescribe, under the advice of the faculty, the 
books and authorities to be used in the several departments, and also to confer 
such degrees and grant such diplomas as are usually conferred and granted by other 
agricultural colleges. The regents shall have power to remove any officer connected 



§5139 State Institutions 86 

with the agricultural college or experiment station when, in their judgment, the 
best interests of the college require it. 

Act of Feb. 28, '89; L. '89, C. 138, § 27; C. L. '97, § 3560. 

ARTICLE VII. THE NEW MEXICO SCHOOL OF MINES. 

Section 

5139 Objects— Studies. 

5140 Board of regents — Corporate powers — Quorum. 

5141 Officers — Bond of secretary and treasurer. 

5142 President — Powers. 

5143 Secretary and treasurer — Duties — Records. 

5144 Board of regents — Powers. 

5145 Faculties. 

5146 Degrees and diplomas. 

5147 Removal of employes. 

5148 Tuition— Non-residents. 

5149 Assays, etc. — Compensation. 

5150 Declared a state school. 

5151 Preparatory department — Tuition in state schools. 

§ 5139. Objects— Studies. 

Sec. 122. The object of the New Mexico School of Mines is to furnish 
facilities for the education of such persons as may desire to receive 
instruction in chemistry, metallurgy, mineralogy, geology, mining, milling, 
engineering, mathematics, mechanics, drawing, the fundamental laws of the United 
States, and the rights and duties of citizenship, and such other courses of study, not 
including agriculture, as may be prescribed by the board of regents. 

Act of Feb. 28, '89; L. '89, C. 138, § 28; C. L. '97, § 3593. 

§ 5140. Board of regents — Corporate powers — Quorum. 

Sec. 123. The management and control of said school of mines, the care and 
preservation of all property of which it shall become possessed, the erection and 
construction of all buildings necessary for its use, and the disbursement and ex- 
penditure of all moneys, shall be vested in a board of five regents. Said regents 
and their successors in office shall constitute a body corporate, under the 
name and style of, The Regents of the New Mexico School of Mines, with the 
right, as such, of suing and being sued, of contracting and being contracted with, 
of making and using a common seal and altering the same at pleasure, and of 
causing all things to be done necessary to carry out the provisions of this article. A 
majority of the board shall constitute a quorum for the transaction of business, 
but a less number may adjourn from time to time. 

Act of Feb. 28, '89; L. '89, C. 138, § 29; C. L. '97, § 3594. 

For appointment see Constitution, Art. XII, Sec. '13. 

For qualifications see Constitution, Art. VII, Sec. 2. 

For filling of vacancies see Constitution, Art. XX, Sec. 5. 

§ 5141. Officers — Bond of secretary and treasurer. 

Sec. 124. The school officers shall be the same regents, be elected in the same 
manner and at the same time, and possess the same qualifications as the officers of 
the University of New Mexico, and the secretary and treasurer so elected shall give 
bond in the sum of ten thousand dollars in the manner provided in section 5121. 

Act of Feb. 28, '89; L. '89, C. 138, § 30; C. L .'97, § 3595. 

§ 5142. President — Powers. 

Sec. 125. The president of said board shall be the chief executive officer, 
shall preside at all meetings thereof, except that when he is absent the board may 
fippoint a president pro tern., sign all instruments required to be executed by said 



87 State Institutions § 5143 

board; he shall also direct the affairs generally of the said school of mines, shall 
nominate and by and with the advice of said board of regents, appoint all profes- 
sors, instructors, tutors and other employes necessary to the proper conduct of said 
school of mines, and in like manner shall determine the amount of their respective 
salaries. 

Act of Feb. 28, '89; L. '89, C. 138, § 31; C. L. '97, § 3596. 

§ 5143. Secretary and treasurer — Duties — Records. 

Sec. 126. The secretary and treasurer shall be the financial and recording 
officer of said board, shall keep a true and correct account of all moneys received 
and expended by him, shall attest all instruments required to be signed by tne 
president of said board, and shall keep a true and correct record of all the proceed- 
ings of said board and, generally, do all other things required of him by said 
board. 

Act of Feb. 28, '89; L. '89, C. 138, § 32; C. L. '97, § 3597. 

§ 5144. Board of regents — Powers. 

Sec. 127. The board of regents shall have power and it shall be their duty 
to enact by-laws, rules and regulations for the government of such school of mines, 
not inconsistent with the laws of the State; and they shall also prescribe tlie 
text books to be used, the course of study, the branches to be taught, the number 
of departments into which said school shall be divided and to change the same 
from time to time; to fix the scholastic year, provide apparatus, mineral and geo- 
logical cabinets, and do all and everything necessary in and about the premises 
with a view to promoting the best interests of said institution. 

Act of Feb. 28, '89; L. '89, C. 138, § 33; C. h. '97, § 3598. 

§ 5145. Faculties. 

Sec. 128. The immediate government of their several departments shall be 
intrusted to their several faculties. 

Act of Feb. 28, '89; L. '89, C. 138, § 34; C. L. '97, § 3599. 

§ 5146. Degrees and diplomas. 

Sec. 129. The board of regents shall have power to confer such degrees and 
grant such diplomas as are usually conferred and granted by other similar schools. 

Act of Feb. 28, '89; L. '89, C. 138, § 35; C. L. '97, § 3600. 

§ 5147. Removal of employes. 

Sec. 130. The regents shall have power to remove any officer, tutor or in- 
structor, or employe connected with said school, when in their judgment the best 
interests of said school require it. 

^ct of Feb. 28, '89; L. '89, C. 138, § 36; C. L. '97. § 3601. 

§ 5148. Tuition — Non-residents. 

Sec. 131. Said school of mines shall be a place for instruction in the branches 
mentioned in section 6139, with or without charge to residents of this State, 
as shall be deemed best by the trustees, but non-residents shall be admitted to the 
privileges of such school upon such terms as the regents shall prescribe. 

Act of Feb. 28, '89; L. '89, C. 138, § 37; C. L. '97, § 3602. 

§ 5149. Assays, etc. — Compensation. 

Sec. 132. The board of regents shall require such compensation for all as- 
says, analyses, mill tests or other services performed by said institution as they 
may deem reasonable, and the same shall be collected and paid into the treasury 



§ 5150 State Institutions 88 

of the school of mines for said institution^ and an accurate account thereof shall 
be kept in a book to be provided for that purpose. 

Act of Feb. 28, '89; L. '89, C. 138, § 38; C. L. '97, § 3603. 

§ 5150. Declared a state school. 

Sec. 133. The New Mexico School of Mines shall be the State School of Mines. 
Act of Feb. 28, '89; L. '89, C. 138, § 39; C. L. '97, § 3604. 

§ 5151. Preparatory department — Tuition in state schools. 

Sec. 134. The Xew Mexico School of Mines shall, in addition to the course 
now provided for, maintain a preparatory department. 

Act of Feb. 27, '95; L. '95, C. 2, § 6; C. L. '97, § 3605. 

ARTICLE VIII. PROVISIONS APPLICABLE TO MORE THAN ONE STATE 

INSTITUTION. 

Section 

5152 Eminent domain. 

5153 Sale or lease of lands — Disposition of funds. 

5154 Sale or lease of lands — Use of funds — Report. 

5155 Accounts — Expenditures — Warrants — Receipts, etc. 

5156 Charitable institutions — Accounts, etc. 

5157 Annual financial statement. 

bl58 Expenditures — Indebtedness in excess of appropriation. 

5159 Contracts for food, clothing — Resolution of board. 

5160 Exceeding appropriation — Penalty. 

5161 Grand jury— Duty. 

5162 Boards to determine requirements for admission. 

5163 State schools— Removal of member of faculty — Salary of secretary. 

5164 Tuition. 

§ 5152. Eminent domain. 

Sec. 135. Whenever it shall be deemed necessary by the board of regents of 
the University of New Mexico, and of The New Mexico College of Agriculture 
and Mechanic Arts the board of regents of the School of Mines, the 
board of directors of the New Mexico Insane Asylum and the Board of Peniten- 
tiary Commissioners to acquire title to any lands for the use of any such institu- 
tion and the owner or owners of such lands are unable or unwilling to accept a 
fair and reasonable price for sucli lands, then, and in that event, each of the said 
several boards may acquire, in the name- of the State of New Mexico, title to 
BO much of said land or lands as shall be deemed necessary by any such board for 
the use of any such institution, in the same manner as provided by law for the 
condemnation of land for railroad purposes, and such land so taken shall be deemed 
to be taken for public use. 

Act of Feb. 23, '93; L. '93, C. 68, § 1; C. L. '97, § 3693. 

The Territory may maintain a suit to condemn land under this section. 
Territory v. Crary, 15 N. M. 213; 103 Pac. 968. 

A petition under this section must contain an allegation that the acquisition 
of the land is deemed necessary by the board of regents. 
Id. 

The question whether or not the board of regents has money to pay for the 
land should be raised by answer. 
Id. 

§ 5153. Sale or lease of lands — Disposition of funds. 

Skc. 130. The Now Mexico College of Agriculture and Mechanic Arts and 
all other state, educational and charitable institutions, in New Mexico, are author- 
ized to expend tlie funds derived from the sale and lease of their lands, or so much 
thereof as may be necessary wIulH arc placed to the credit of the respective institu- 
tions, for buildings, equipment aiul other permanent improvements. 

Act of Mar. 14, '05; L. '05, C. 72, | 1. 



89 State Institutions § 5154 

§ 5154. Sale or lease of lands— Use of funds— Report. 

Sec. 137. The board of regents or other boards of control of said institu- 
tions are hereby authorized to expend said moneys as herein provided for said pur- 
poses and said boards shall make a full and complete report of the expenditures 
which they may make under the provisions of this act, giving amount and purpose 
for which expended, to the governor of the State of New j\Iexico. 

Act of Mar. 14, '05; L. '05, C. 72, § 2. 

§ 5155. Accounts — Expenditures — ¥7arrants — Receipts, etc. 

Sec. 138. The board of managers of the different state institutions, 
under whatsoever name they may be legally designated, are hereby directed and 
required to keep in suitable books of record a strict account of all moneys received 
by them from the state, and also itemized accounts of the disbursement of the 
same. They shall require all bills against such institutions to be made out in 
duplicate, and all salaries or other expenditures except for bills and current ex- 
penses shall be receipted for in duplicate, one of such bills or receipts to be kept 
by the said board with the other papers and property of the institu- 
tions and the other to accompany all requisitions upon the auditor of the state 
for warrants, and no warrant shall be drawn by the auditor for any amount in 
favor of any such institution unless the requisition therefor is accompanied with 
such itemized receipts for the money expended after the last requisition. 

Act of Mar. 21, '01; L. '01, C. 98, § 1. 

§ 5156. Charitable institutions — Accounts — Etc. 

Sec. 139. The persons in charge of each charitable or other institution which 
receive state aid, shall make their requisitions, upon the auditor in the same 
manner as is provided for state institutions in the preceding section, and 
shall keep books and furnish itemized duplicate receipts for ail moneys received 
and paid out in the same manner. 

Act of Mar. 21, '01; L. '01, C. 98, § 2. 

§ 5157. Annual financial statement. 

Sec. 140. It is hereby made the duty of the several boards of managers of 
state charitable or other institutions which receive any money from the 
state treasury, at the end of each fiscal year to make out an" itemized and de- 
tailed statement of all receipts and disbursements of such institution up to and in- 
cluding the last day of said fiscal year, which shall be sworn to as correct by the 
secretary, treasurer or other accounting officer of such institution who draws and 
receives the state funds and shall be transmitted to the governor of the state 
within the first thirty days of the nev/ fiscal year ; and any failure on the 
part of any person or officer to perform the duties herein specified shall subject 
such person to removal from his position and in case he is a bonded officer it shall 
be considered as a breach of his bond and be a misdemeanor in office, for which 
he may be fined in any sum not exceeding five hundred nor less than one hundred 
dollars, which shall be recovered from him and the sureties on his bond as a 
penalty. 

Act of Mar. 21, '01; L. '01, C. 98, § 3. 

§ 5158. Expenditures — Indebtedness in excess of appropriation. 

Sec. 141. Every officer, board, body or agency, or any member thereof, em- 
powered to expend any public money or to direct the expenditure thereof, or to 
contract indebtedness against or in view of specific appropriations, is hereby pro- 
hibted from making any contract, incurring any expense, or contracting any liability 
against this State, or any public fund thereof, which shall make, tend to make, or 
contemplate any excess of expenditure beyond the terms of the laws authorizing 
expenditures by them, or either of them, or under their direction; and it shall be 



§ 5159 State Institutions 90 

unlawful for any trustee, superintendent, warden or other officer of any of the 
educational, penal, charitable or other institutions of this State, who, under the 
laws, has authority or may be vested with authority to purchase supplies, employ 
servants or assistants, contract indebtedness, or to do any act contemplating the 
expenditure of public moneys, to contract any indebtedness in behalf of such insti- 
tutions or ostensibly against the State on account of such institutions in excess 
of the appropriations made for the maintenance and support thereof; but in respect 
to tlie Penitentiary; the Asylum for the Insane, the Reform School, the Institute 
for the Blind, the Miners Hospital and the Deaf and Dumb Asylum, if the specific 
appropriations therefor shall have become exhausted, food and clothing for the 
inmates thereof may be purchased on the credit of the State. 

Act of June 11, '12; L. '12, C. 69, § 1. 

§ 5159. Contracts for food, clothing — Resolution of board. 

Sec. 142. Before such food and clothing shall be purchased, in case of 
emergency, as provided in the preceding section, there shall be passed a resolution 
of the governing board of the institutions mentioned, respectively, setting forth the 
kind, quantity, quality, and estimated cost of such supplies, food and clothing, and 
the necessity therefor, and showing the state of the funds appropriated to such in- 
stitutions respectively; and a copy thereof certified by the president, chairman or 
other head of such board, and attested by its secretary or clerk, shall be transmitted 
to the Governor, who, if he approve the same, shall return it to the board from 
which it came, with his approval thereon endorsed over his signature, and there- 
upon the purchases specified shall be authorized; but if he disapprove the resolu- 
tion, he shall so notify the board aforesaid. 

Act of June 11, '12; L. '12, C. 69, § 2. 

§ 5160. Exceeding appropriation — Penalty. 

Seo. 143. Any person violating any of the provisions of the two preceding 
sections shall be deemed guilty of a felony, and, upon conviction thereof, shall be 
punished by a fine not exceeding $500 nor less than $100, or by imprisonment in 
the penitentiary for not less than six months nor more than one year, or by both 
such fine and imprisonment in the discretion of the court trying such cause. 

Act of June 11, '12; L. '12, C. 69, § 3. 

§ 5161. Grand jury— Duty. 

Sec. 144. It is hereby made the duty of the several district judges to call 
to the attention of grand jurors the provisions of the three preceding sections. 

Act of June 11, '12; L. '12, C. 69, § 4. 

§ 5162. Boards to determine requirements. 

Sec. 145. The respective boards of regents of the New Mexico College of Agri- 
culture and Mechanic Arts, the New Mexico School of Mines, the University of Nbw 
Mexico, and the New Mexico Military Institute at Roswell, shall determine and fix 
the standard of requirements for admission to their respective institutions. 

Act of June 14, '12; L. '12, C. 83, § 2. 

§ 5163. State schools— Removal of members of faculty— Salary of secretary. 

Sec. 146. No president or member of the faculty of any state educational in- 
stitution shall be removed during the term for which he is elected, or appointed, 
except for cause, and after trial by the board of regents of his institution, and that 
no secretary or treasurer of any such institution except those supported in whole or 
in part by United States appropriation, shall receive any compensation as such 
secretary and treasurer, or either. 

Act of Mar. 18, '97; L. '97, C. 72, § 5; C. L. '97, § 4181. 



91 State Institutions § 5164 

§ 5164. Tuition. 

Sec. 147. The Board of Regents of the New Mexico College of Agriculture 
and Mechanic Arts, the University of New Mexico, the New Mexico School of 
Mines, the New Mexico Normal University at Las Yegas, the New Mexico Normal 
School at Silver City, the New Mexico Military Institute shall charge as tuition a 
fee of not less than five nor more than twenty-five dollars per session for each and 
every student; said tuition to be fixed by said board of regents, collected by the 
officers of each institution and accounted for as other funds of such institution. 

Act of Feb. 27, '95; L. '95, C. 2, § 6; C. L. '97, § 3605. 

See Sec. 4994. 

ARTICLE IX. PROVISIONS APPLICABLE TO THE UNIVERSITY OP NEW MEXICO, 

THE NEW MEXICO COLLEGE OF AGRICULTURE AND MECHANIC 

ARTS AND THE NEW MEXICO INSANE ASYLUM. 

Section 

5165 Members of boards — Expenses. 

5166 Embezzlement. 

5167 Disbursement of funds. 

5168 Apportionment of funds. 

5169 Annual reports. 

5170 Governor and school superintendent members of boards. 

5171 Meetings of boards. 

5172 Members of boards — Residence. 

5173 Records to be public. 

5174 Members and employes not to be interested in contracts. 

5175 Members of boards— Oath. 

5176 Power to hold property. 

5177 To be non-sectarian. 

§ 5165. Members of boards — Expenses. 

Sec. 148. The members of the several boards of the University of New 
Mexico, the New Mexico College of Agriculture and Mechanic Arts, and the New 
Mexico Insane Asylum shall be allowed their actual and necessary traveling ex- 
penses in going to and returning from all necessary sessions of their respective 
boards, and also their necessary expenses while in actual attendance upon the same. 

Act of Feb. 28, '89; L. '89, C. 138, § 56; C. L. '97, § 3633. 

§ 5166. Embezzlement. 

Sec. 149. If any secretary, treasurer or other officer or member of the 
several boards of any of the said institutions shall feloniously embezzle, 
secrete, misapply or convert to his or their own use any money or property belong- 
ing to any of said institutions, he shall be deemed guilty of a felony, and on con- 
viction thereof, shall be confined in the state penitentiary for a term of not 
less than three, nor more than ten years, in the discretion of the court before 
whom such conviction shall be had. 

Act of Feb. 28, '89; L. '89, C. 138, § 57; C. L. '97, § 3634. 

§ 5167. Disbursement of funds. 

Sec. 150. The secretary and treasurer of all of such boards shall make dis- 
bursements of the funds in his hands on the order of the board, which order shall 
be countersigned by the president of the board, and shall state on what account the 
disbursement is made. 

Act of Feb. 28, '89; L. '89, C. 138, § 58; C. L. '97. § 3635. 

§ 5168. Apportionment of funds. 

Sec. 151. Whenever there shall be any money in the hands of the State 
treasurer to the credit of any of the specific funds set apart for said institutions 
deemed sufficient by such board to commence the erection of any of 
the necessary buildings or improvements or pay the running or other expenses 



§ 6169 State Institutions 92 

of such institution, the state auditor, on the request in writing of any such 
boards shall, and it is hereby made his duty, to draw his warrant in favor of the 
treasurer of said board and institution upon the state treasurer against the 
specific fund belonging to such institution in such sum, not exceeding the amount 
on hand in such specific fund at such time, as said board may deem necessary: 
Provided, That any such board shall only draw said money as it may be necessary 
to disburse the same. 

Act of Feb. 28, '89; L. '89, C. 138, § 59; C. L. '97, § 3636. 

§ 5169. Annual reports. 

Sec. 152. All of the managing boards of the said institutions shall an- 
nually, on or before the first day of December, make a full and true 
report in detail under oath, of all their acts and doings during the previous 
year, their receipts and expenditures, the exact status of their institution and 
any other information that they may deeem proper and useful or which may be 
called for by the governor, which said reports shall be made to the governor and 
he shall transmit the same to the succeeding session of the legislature. 

Act of Feb. 28, '89; L. '89, C. 138, § 60; C. L. '97, § 3637. 

§ 5170. Governor and school superintendent members of boards. 

Sec. 153. The governor of the state and the superintendent of public in- 
struction, if there be one, shall ex-oflScio be advisory members of all boards of the 
said institutions, but shall not have the right to vote or be eligible to office therein. 

Act of Feb. 28, '89; L. '89, C. 138, § 62; C. L. '97, § 3639. 

See Constitution, Art. XII, Sec. 13, Art. XIV, Sec. 3. 

§ 5171. Meetings of boards. 

Sec. 154. The regular meeting of all said boards shall be held quarterly: 
Provided, That they may hold as many special sessions as they shall deem necessary. 

Act of Feb. 28, '89; L. '89, C. 138, § 64; C. L. '97, § 3641. 

§ 5172. Members of boards — Residence. 

Sec. 155. At least one member of the said several boards shall be a resident 
of the town or city at or near which the institution is located. 

Act of Feb. 28, '89; L. '89, C. 138, § 66; C. L. '97, § 3643. 

§ 5173. Records to be public. 

Sec. 156. The records of the said boards shall be open at all reasonable times 
for the inspection of any citizen. 

Act of Feb. 28, '89; L. '89, C. 138, § 67; C. L. '97, § 3644. 

§ 5174. Members and employes not to be interested in contracts. 

Sec. 157. No employe or member of any of the said boards shall be interested 
pecuniarly, either directly or indirectly, in any contract for building or iniproying 
any of said institutions or for the furnishing of supplies to any of such institutions. 

Act of Feb. 28, '89; L. '89, C. 138, § 68; C. L. '97, § 3645. 

§ 5175. Members of boards — Oath. 

Sec. 158. Each and every inembcr of the said boards shall, before entering 
upon their respective duties, take and subscribe an oath to faithfully and honestly 
discharge their duties in the premises and strictly and impartially perfonn the same 
to the best of their several abilities. Said oath* shall be filed with the secretary of 
state. 

Act of Feb. 28, '89; L. '89, C. 138, § 69; C. L. '97, § 3646. 

For oath see Constitution, Art. XX, Sec. 1. 



93 State Institutions § 5176 

§ 5176. Power to hold property. 

Sec. 159. All of the said institutions shall be entitled to receive all 
the benefits and donations made and given to similar institutions of 
learning and charity in other states and territories of the United States, by the 
legislation of the congress of the United States, or from private individuals or cor- 
porations, and for the benefit of said institutions they shall have power to buy and 
sell or lease or mortgage realty, and do all things that, in the opinion of the sev- 
eral boards, will be for the best interests of said institutions, and are in the line of 
its object. 

Act of Feb. 28, '89; L. '89, C. 138, § 70; C. L. '97, § 3647. 

§ 5177. To be non-sectarian. 

Sec. 160. All the said institutions shall forever remain strictly non-sectarian 
in character, and no creed or system of religion shall be taught in any of tliem. 

Act of Feb. 28, '89; L. '89, C. 138, § 71; C. L. '97, § 3648. 



Chapter 19 Session Laws of Xew Mexico. 94 



CHAPTER 19. 

An Act to Amend an Act Entitled "An Act to Establish a Museum for 
THE Territory op New Mexico, and for Other Purposes/^ Approved 
February 19th, 1909. 

H. B. No. 182; Approved March 3, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

^ That Sections one, (§ 3796) four (§ 3799) and eight (§ 3803) of an Act 
entitled *'An Act to establish a museum for the Territory of New Mexico, 
and for other purposes," be and the same hereby are amended so as to read 
as follows: 

Section 1. There is hereby established the Museum of New Mexico, 
which shall be located at the City of Santa Fe, and which shall be under the 
management and control of a board of regents of six members to be appointed 
as hereinafter provided, all of whom shall be residents of the State of New 
Mexico. 

Sec. 4. The Board of Regents shall be constituted as follows: The Gov- 
ernor of New Mexico is authorized to nominate, and by and with the consent 
of the Senate appoint one reputable citizen of New Mexico, and three members 
of the managing committee of the School of American Archasology, who 
shall also be citizens of New Mexico, to be designated to him by its chairman. 
The Governor of New Mexico and the President of the New Mexico Archae- 
ology Society shall be ex-officio members of said Board of Regents, with 
full powers of membership. No member of said Board of Regents shall 
receive any salary or compensation, either directly or indirectly, from the 
State of New Mexico, for any services performed as member of said Board 
of Regents, and each member of said board shall after his appointment as 
aforesaid, take and subscribe an oath before a qualified notary public having 
a seal, for the faithful performance of his duties as such, which oath of office 
shall be filed with the Secretary of State. Said Board of Regents shall as- 
semble at Santa Fe, New Mexico, within ninety days after the passage of this 
Act, and organize by the election of one of its members as President, and one 
of its members as Treasurer. The Treasurer shall execute a good and sufficient 
bond in the sum of not less than five thousand dollars to the State of New 
Mexico, to be approved by the Secretary of State and by him deposited for 
safe keeping, for the faithful performance of his duties as Treasurer aforesaid, 
and for the proper accounting for all funds received by him from any source 
whatsoever in his official capacity. At the annual meeting of said Board 
of Regents the accounts of the Treasurer shall be audited, and all valid ac- 
counts approved. Four members of the Board of Regents shall constitute a 
quorum for the transaction of business, but a less number may adjourn from 
time to time. Said Board shall provide proper rules and regulations for 
its own government. Said Board is authorized to appoint a competent person, 
resident of the State of New Mexico, as Secretary, whose duties shall be as 
prescribed by said Board. The appointed members of said board shall hold 
office for the term of four years and until their successors are appointed and 
qualified. In case of any vacancy in said Board, the Governor is authorized 
to fill such vacancy in the same manner as provided for in this Act as to 
original appointments. 

Sec. 8. There is hereby provided an annual appropriation of ten thousand 
dollars, or so much thereof as may be required, to be used for the care, im- 
provement, extension and enlargement of the buildings, grounds and Museum, 
the obtaining of collections, books and equipment for the Museum, the ex- 
cavation and study of ancient ruins for the benefit of the Museum, and preser- 



95 Session Laws of Skw Mexico. Chapter 29 

vation of archaeological sites in New Mexico, the publication of investigations 
in New Mexico, and for incidental expenses necessary to the administration 
of the Museum ; said appropriation to be available as follows : Five thousand 
dollars on the first days of January and July of the year nineteen hundred and 
sixteen, and of each year thereafter; and the Auditor of New Mexico is hereby 
directed to make a sufficient levy on all property subject to taxation in New 
Mexico each year to realize the sum or sums herein provided, and to direct the 
several collectors of taxes to collect the same at the same time and in the 
same manner as other taxes are collected, and when the same shall be paid over 
to the State Treasurer, he shall deposit the same in a separate account to be 
kept by him to be known as "The Museum of New Mexico Fund," and the 
said Auditor shall draw his warrants on such funds, when available, on vouch- 
ers properly signed by the secretary and the treasurer of said Board of Regents, 
and the Treasurer shall pay the same on presentation thereof to him. 

CHAPTER 29. 

An Act to Provide for the Maintenance of the Co-Operative Agricul- 
tural Extension Work, Provided for in the Act op Congress Entitled 
**An Act to Provide for Co-Operative Agricultural Extension Work 
Between the Agricultural Colleges in the Several States Receiving 
the Benefits op an Act of Congress Approved July Second, One 
Thousand Eight Hundred and Sixty-two and All Acts Supple- 
mentary Thereto and the United States Depx\rtment op Agricul- 
ture," Approved May 8, 1914. 

H. B. No. 249 ; Approved March 9, 1915. 

Be it Enacted ly the Legislature of the State of New Mexico: 

Section 1. That for the maintenance of the co-operative agricultural 
extension work provided for in the act of Congress entitled: "An Act to 
Provide for Co-Operative Agricultural Extension Work between the Agricul- 
tural Colleges in the Several States receiving the benefits of an Act of Con- 
gress approved July second, one thousand eight hundred and sixty-two, and 
all acts supplementary thereto, and the United States Department of Agri- 
culture," approved May 8, 1914, there is hereby permanently appropriated out 
of any money in the State Treasury, except interest upon the public debt, the 
sum of one dollar for each dollar allotted annually by the Secretary of Agri- 
culture as provided in said act of congress to the State of New Mexico above 
the sum of Ten Thousand Dollars regularly appropriated to each state which 
shall by action of its legislature assent to the provisions of said act, the said 
appropriation not to exceed the sum of Thirty Four Hundred Dollars for the 
fiscal year ending June 30, 1916, and for each year thereafter for seven years, 
a sum exceeding, by not more than Three Thousand Dollars, the sum appro- 
priated for each preceding year, after which time the said appropriation shall 
continue annually in accordance with the provisions of said act of congress, 
such appropriations being required by said act of congress, in order that the 
state may obtain the benefit of the said annual allotments of money by the 
Secretary of Agriculture over and above the said sum of Ten Thousand Dollars. 
Sec. 2. The money by this act appropriated shall be paid to the Treasurer 
of the Board of Regents of the New Mexico College of Agriculture and Me- 
chanic Arts upon the warrant of the State Auditor to be drawn on the request, 
in writing, of said board and the said treasurer of said board is hereby author- 
ized to receive the monies payable under the provisions of Section 4 of the said 
act of congress by the Secretary of the Treasury upon the warrant of the Secre- 
tary of Agriculture, out of the Treasury of the United States. 



Chapter 33 Session LA^YS or Xew Mexico. " 96 

Sec. 3. That it is necessary for the preservation of the public peace and 
safety of the inhabitants of the State of New Mexico, that the provisions of 
this Act shall become effective at the earliest possible time, and therefore an 
emergency is hereby declared to exist, and this act shall take effect and be in 
full force and effect from and after its passage and approval. 



. CHAPTER 33. 

An Act for the Compulsory Education or the Blind. ' 
S. B. No. 54, as Amended; Approved March 9, 1915. 

Be it Enacted hy the Legislature of the State of New Mexico: 

Section 1. Every parent, guardian or person having control or custody of any 
child who is between the ages of five and twenty-one years, and who, on account of 
blindness cannot be educated in the public schools, shall send such child to the New 
Mexico Institute for the Blind at Alamogordo during each school year for the period 
of seven years, unless such child be taught such branches as are taught in said in- 
stitute in a private school, at home, or in a similar institution in another state, or 
unless such child be suffering from physical or mental disability sufficient to in- 
capacitate him or her from attending such institute. It shall be the duty of the 
superintendent of such institute to see that each pupil in said institution shall have 
every reasonable opportunity to practice its own religious belief, and that no im- 
pediment be placed in the way of such pupils in the practice of their respective 
religious belief. Provided, That whenever admission to said institute is requested 
for any child, afflicted with blindness, under five years of age, the Board of Regents, 
or superintendent thereof is hereby empowered to admit such child, under rules 
and regulations established by said board. 

Sec. 2. That the superintendent of such institute, out of the appropriation 
made for said institute, shall pay for the transportation of such children, to and 
from such institution whenever the parents, guardian or person having control or 
custody of any such child shall be unable to pay for same: Provided, that said 
Board of Regents shall prescribe what portion of said appropriation shall be used 
for said transportation purposes. 

Sec. 3. Superintendents of schools in the several counties of the state, on the 
first day of August and the first day of January in each year, shall furnish the 
Superintendent of the New Mexico Institute for the Blind a complete list of all 
such children in their respective counties, and it shall be the duty of the superin- 
tendent of such institute to communicate to the parent, guardian or person having 
custody or control of each such child the provisions of this act. 

Sec. 4. Any person who shall violate this Act, upon conviction thereof, shall 
be punished by a fine of not more than twenty-five dollars or by imprisonment for 
not more than thirty days. Provided, That this section shall not apply in case the 
child of any such parent, guardian or other person cannot be admitted to said in- 
stitute under the rules and regulations thereof. 

Sec. 5. It is necessary for the preservation of the public peace and safety of 
the inhabitants of this state that this act shall become effective immediately; there- 
fore it shall be in full force from and after its passage and approval, if passed by 
two-thirds of each house ; otherwise it shall become effective according to the general 
provisions of the constitutions. 



97 Session Laws of New Mexico. Chapter 36 



CHAPTER 36. 

An Act Relative to Orphan and Indigent Children. 
H. B. No. 144; Approved March 10, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. Whenever it shall be made to appear to the District Court by veri- 
fied petition that any child under the age of fourteen years residing in such district 
is an orphan or has been abandoned by its parents or guardians, and if the court 
shall further be satisfied that there is no proper and suitable person willing to adopt 
or assume the care of the said child or provide for its support, and that the best 
interests of said child will be promoted thereby; the court may upon such notice 
to the parties interested as it shall direct, by order commit said child to some chari- 
table institution, organized and existing for that purpose, within the state, subject 
to the reasonable rules and regulations of such institution. Provided, however, that 
in the commitment of such child, due regard shall be had by the court to commit 
such child to such institution as will not proselytize or interfere with its religious 
belief. 

Sec. 2. If it shall appear to the satisfaction of the court that any child com- 
mitted under the provisions of the foregoing section, has no means of support, then 
the court shall provide in its order that the reasonable expense of maintaining said 
child not otherwise provided for, shall be a proper and valid charge against the 
county of which said child was a resident at the time of its commitment; said ex- 
pense, however, not to exceed ten dollars per month for each child so committed; and 
such charge shall be audited and allowed by the Board of County Commissioners 
of said county, and the amount thereof shall be paid by said boards respectively, 
out of any funds in the treasury except the interest funds, and such boards shall be 
authorized to levy a tax of not to exceed one-half of one mill each year to reimburse 
the fund from which such cargo (charge) was paid, if such boards shall deem it 
necessary so to do. Provided, however, that no county shall be charged for or re- 
quired to pay the expense of maintenance of any child committed as aforesaid to any 
institution receiving annual appropriations from the state. And, provided, further, 
no county shall be charged for or pay the aforesaid sum for the maintenance of any 
such child over the age of fourteen years. 

Sec. 3. If it shall appear to the satisfaction of the court in any proceeding for 
the commitment of a child to any orphan asylum or charitable institution under the 
provisions of this act that such child, while liable to such commitment and within 
six months prior to the date of such proceeding, shall have been a bona-fide resident 
of another county within this state and shall have removed or been removed from 
such other county with the intent and purpose of relieving such other county from 
the burden of the support of such child as provided in this Act, then the court shall 
by its order make the expense of the care and support of such child, not exceeding 
ten dollars per month, a charge upon the county from which such child removed or 
was removed as aforesaid; Provided, that no order making such expense a charge 
upon any county shall be made unless notice shall have been served upon the dis- 
trict attorney of the district in which such county is situate at least twenty days 
prior to the day set for hearing of such proceeding, which notice shall set forth 
that an application has been made to the court for such order, the date set for hear- 
ing the same, and shall have attached thereto a copy of such application with a 
statement of the facts upon which the same is based. 

Sec. 4. The district court may at any time for good cause shown, and on 
notice to all parties to be affected thereby, revoke or modify the terms of any order 
theretofore made by it pursuant to this chapter. 

Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. 



Chapter 38 Session Laws of New Mexico. 98 

Sec. 6. That it is necessary- for the preservation of the public peace, health, 
and safety of the inhabitants of the State of New Mexico that the provisions of this 
act shall become effective at the earliest possible time, and therefore an emergency 
is hereby declared to xist, and this act shall be in full force and effect from and 
after its passage and approval. 

CHAPTER 38. 

An Act to Amend Section 3 of Chapter 119 of the Session Laws of 1909 
Relative to the Distribution and Application of Moneys Received 
FROM THE United States as Income from Forest Reserves. 

H. B. No. 51; Approved March 10, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. That section 3 of chapter 119 of the Session Laws of 1909 
[§ 1352] be and the same is hereby amended so as to read as follows: 

"Sec. 3. That such monies shall be applied in the different counties to which 
the same is transmitted, one-half thereof to the credit of the general county school 
fund and one-half to the credit of the county road fund. Provided, That in the 
county of Socorro one-half of such moneys apportioned to said county shall be re- 
mitted to the county treasurer of said county and by him credited to and kept in a 
separate fund to be known as the Forest Reserve Road Fund and shall be expended 
by and under the authority and supervision of the Board of County Commissioners 
of said county upon any road or roads within the forest reserves of said county, 
or upon roads leading from settlements or towns in such reserves to the county 
seat of said Socorro county. 

''Provided, further, that the county commissioners of any county desiring to 
co-operate with the State Highway Commission in the building of any public road 
may cause a special levy to be made of not to exceed five mills upon each dollar of 
taxable property within the county, the proceeds of which shall be expended under 
the direction of said State Highway Commission." 

Sec. 2. Immediately upon the taking effect of this act the State Highway 
Commission shall transmit to the respective treasurers of Grant county and Socorro 
county any money which it may have in its possession appropriated to said coun- 
ties and received from revenues derived from forest reserves in the respective pro- 
portions to which each county is entitled. Said amounts when received shall by 
said county treasurer be credited to the county road fund of their respective counties. 

Sec. 3. That it is necessary for the preservation of the public peace and safety 
of the inhabitants of the State of New Mexico that the provisions of this act shall 
become effective at the earliest possible time, and therefore an emergency is hereby 
declared to exist, and this act shall take effect and be in full force and effect from 
and after its passage and approval. 

CHAPTER 45. 

An Act Appropriating Funds to Pay Railroad Fares of Certain Students 

IN THE Normal Schools. 

S. B. No. 144; Approved March 10, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. For the fourth fiscal year of the State of New Mexico there is 
appropriated for the educational institutions hereinafter named, to pay the railroad 
fare in excess of seventy-five miles, both going to and returning from said institu- 
tions, of all persons who enroll therein with a view of preparing to teach in the 
schools of New Mexico, the following amounts, to-wit: 

New Mexico Normal University $3,500.00 

New Mexico Normal School 3,500.00 



99 Session Laws of New Mexico. Chapter 74 

Sec. 2. For •the fifth fiscal year of said state there is appropriated for the 
educational institutions mentioned in the preceding section, to pay railroad fares 
as therein provided, the same amount for each thereof as is appropriated for the 
fourth fiscal year. 

Sec. 3. Students in the educational institutions above named^, whose railroad 
fares may be paid by said institutions, shall be bona fide residents of New Mexico 
at the time of entering such institutions, shall have attended continuously for not 
less than eight weeks, and shall file with the president of the institution a declara- 
tion of their intention to teach in the schools of New Mexico. The railroad fare 
which may be paid under the provisions of this act shall be paid but once during 
each scholastic year and then over the shortest practical route of travel. 

Sec. 4. For the fourth and fifth fiscal years the State Auditor is directed 
to make a sufficient levy on all property subject to taxation in this state to realize 
the amounts hereinabove appropriated, and to direct the several collectors of taxefci 
to collect the same at the same time and in the same manner as other taxes are 
collected and paid, when the same shall be paid over to the State Treasurer who 
shall deposit it in a separate account to be kept by him and to be known as the 
"Normal Schools Railroad Fare Fund," and the State Auditor shall draw his war- 
rants on such fund, when available, in favor of each of said institutions herein- 
above named, and take receipts therefor from the treasurers thereof, and the State 
Treasurer shall pay the said warrants on presentation thereof to him. 

Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. 

CHAPTER 74. 

An Act Limiting the Amount that may Be Raised by Tax Levies by Coun- 
ties, Cities, Towns and Village School Districts. 

S. B. No. 51; Approved March 15, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. No county, city, town, village or school district shall in any year 
make tax levies which will, in the aggregate, produce an amount more than five per 
cent, in excess of the amount produced by tax levies therein during the year pre- 
ceding, except as hereinafter provided. 

Sec. 2. In case the amount desired to be produced by tax levies is more than 
five per cent, greater than the amount produced in the year preceding, such fact 
shall be set forth in the form of a special request and filed with the State Tax Com- 
mission. In case the State Tax Commission approves such proposed increase it shall 
specifically authorize the same; if it disapprove, it shall so state with its reasons 
therefor, and its decision shall be final. 

Sec. 3. All acts and parts of acts in conflict with the provisions of this act 
are hereby repealed. 

CHAPTER 79. 

An Act Regarding Revenues for Public Schools and Repealing an Act of 
the Second State Legislature, Approved February 10, 1915, Entitled 
"An Act Regarding Revenues for Public Schools Increasing the School 
Term from Five to Seven Months and Repealing Chapter 51 of the 
Laws of 1912. 

H. B. No. 232; Approved March 16, 1915. 

Be it Enacted hy the Legislature of the State of New Mexico: 

Section 1. That the board of county commissioners of each county shall an- 
nually levy and collect a tax of one-half of one mill on the dollar upon all the tax- 



Chapter 79 Session Laws of Xew Mexico. 100 

able property in the county for the maintenance of the public schools, the proceeds 
whereof shall be paid over to the state treasurer as are other state taxes and shall 
be added to the state current school fund. 

Sec. 2. That on the first Monday of March, June, September and December 
in each year, the state treasurer shall make a complete statement of all the monies 
in said current school fund and certify the same to the state superintendent of pub- 
lic instruction. Within twenty days after the first ^londays of said months the said 
state superintendent shall make an apportionment of the money in the current school 
fund among the counties according to the number of children of school age in each 
county, as shown by the returns of county superintendents of schools next preced- 
ing the making of such apportionment and shall certify such apportionment for 
each county to the state auditor and treasurer and the apportionment of each re- 
spective county to the treasurer and superintendent of schools of each county. The 
state auditor shall draw his warrant on the state treasurer in favor of the proper 
county treasurer for the amount apportioned to his county, and said money shall 
become a part of the general county school fund, and shall be apportioned as other 
money in said fund. 

Sec. 3. For the purposes of this Act, cities, towns and villages, whether in- 
corporated under general or special laws, and the territory thereto attached for 
school purposes, shall be known as municipal school districts, and all other school 
districts shall be known as rural school districts. 

The school directors of each rural school district and the boards of education 
of municipal school districts shall have power and are hereby required to provide, 
by building, purchasing, or leasing, suitable school houses, to keep said school houses 
in repair, to provide same with necessary furniture and fuel, to provide for the pay- 
ment of teachers' wages and interest on school bonds and the redemption thereof, 
and to defray all other expenses connected with the proper conduct of the public 
or common schools. 

Sec. 4. It shall be the duty of the school directors of rural school districts 
on or before the first day of May in each year to make to the county superintendent 
of schools an estimate of the amounts of funds necessary for the purposes described 
in Section 3 of this act for the ensuing year, beginning September first following, 
specifying separately the sums needed for purchase of land, construction, equipment, 
repair or leasing of buildings, interest on, and sinking fund for, bonds and the cur- 
rent maintenance of the schools in their respective districts. The said county super- 
intendent shall pass upon such estimate and in case of failure by said directors in 
making such estimate, he shall make such estimate on or before the first day of 
June following, and shall thereupon, on or before said last mentioned day in each 
year, certify to the Board of County Commissioners said estimates of the rural school 
districts as made, passed and determined upon by him ; said estimates when so cer- 
tified to set forth the same facts as the estimate made to him by said school directors. 

It shall be the duty of the boards of education of municipal school districts, 
on or before the first day of June in each year to make and certify to the Board of 
County Commissioners of the respective counties an estimate of the amount of funds 
necessary for the purpose described in Section 3 of this act for the ensuing year, 
beginning September first following, specifying separately the sums needed for 
purchase of land, construction, equipment, repair, or leasing of buildings, interest 
on, and sinking fund for, bonds and the current maintenance of school under their 
jurisdiction. 

Said estimates for municipal or mral school districts shall be passed upon by 
the Board of County Commissioners before the close of its meeting in the month 
of July of each year. 

Sec. 5. The Board of County Commissioners shall annually at the time of 
levying other taxes levy a special school tax upon all the taxable property of its 
respective county, which together with the other revenues provided by law shall pro- 



101 Session Laws of Xew -H?:'5i:j;'^p,. CJsa^ter 79 

duce sufficient revenue to support and maintain said schools in municipal school 
districts and in rural school districts where there is or is to be established a graded 
school with at least four teachers, for the full period of nine months, and in rural 
school districts for the full period of seven, eight or nine months in accordance with 
the estimates as made and finally passed upon for such districts. And provided fur- 
ther that the amount which may be expended by any rural school district, where no 
such graded school is maintained, for all purposes except the construction, purchase, 
lease, repair, or equipment of school houses, shall not during any school year exceed 
the sum of sixty dollars per month per school room in which a teacher holding a 
third grade certificate is employed nor more than seventy-five dollars per month 
per school room in which a teacher holding a second grade certificate is employed 
nor more than ninety dollars per month per school room in which a teacher holding 
a first grade or higher certificate is employed. And provided further that no such 
rural school district shall be entitled to more than one school room for each fifty 
children or fraction thereof of school age within the district. And provided fur- 
ther that the special school tax which may be levied in accordance with the provi- 
sions of this act shall not exceed eighteen mills on each dollar of the assessed valu- 
ation of the property in any county. 

Sec. 6. The Board of County Commissioners shall annually at the time of 
levying other taxes levy a tax upon the taxable property within each municipal and 
rural school district to pay for the purchase of site for, purchase, construction, and 
first equipment of school houses and the interest on, and provide a sinking fund for 
the payment of the principal of, any indebtedness of such district. 

Sec. 7. The proceeds of such special school tax for such municipal districts 
shall be paid to the respective treasurers thereof. The county treasurer shall take 
duplicate receipts therefor, one of wliich he shall file in his office, and the other he 
Bhall transmit to the clerk of the proper board of education. The proceeds of such 
special school tax for rural school districts, shall be credited by the county treasurer 
to the respective school districts. 

Sec. 8. All payments on account of any rural school district shall be made 
pursuant to itemized statements approved by the county superintendent of schools 
upon warrants signed by two members of the board of directors of such school dis'- 
trict and approved by the said county superintendent of schools. The county super- 
intendent shall keep a record of the expenditures of each school district in such 
form and manner as the state superintendent shall prescribe, and shall make such 
reports relating thereto at such times and in such manner and form as the state 
superintendent may require. 

Sec. 9. If any municipal or rural school district shall consider itself aggrieved 
by the action of the Board of County Commissioners in the estimate allowed to any 
district, an appeal may be taken by the aggrieved school district to the District Court 
of the judicial district within which such school district is located on or before Aug- 
ust 10th, in such form and upon such conditions as the judge of the respective ju- 
dicial district may prescribe. For the consideration of such appeal the said judge 
shall hold hearings between August 15th and September 1st, of each year and he 
shall, after due consideration of the alleged injustice and any statement relative 
thereto, which may be submitted by the aggrieved school district or board of county 
commissioners, making such order on or before September 10th in the matter as 
the said judge may deem just, which order shall be final. If in such order the esti- 
mate for any district is ordered increased or decreased, the board of county commis- 
sioners shall make the proper levy which will produce the necessary revenue there- 
for. The Attorney General shall, at the request of a board of education or school 
directors of the respective counties enforce compliance with any order made as herein 
provided by mandamus or other appropriate proceeding brought in the district court. 

Sec. 10. Nothing herein shall be construed as amending, or repealing any 
part of Chapter 57 Laws of 1912 as amended by Chapter 20 Laws of 1913, entitled 



Chapter 81 ., . S.E.'^uox Laws of New Mexico. 102 

"An Act for the Establishment of County High Schools and Providing for the 
Maintenance Thereof." 

Sec. 11. The act of the second state Legislature approved February 10, 1915, 
entitled, "An Act Regarding Revenues for the Public Schools Increasing the School 
Term from Five to Seven Months and Repealing Chapter 51 of the Laws of 1912;" 
Chapter 51 of the Laws of 1912; [§§4938 to 4947] and all other acts and parts 
of acts in conflict herewith are hereby repealed. Provided, however, that the re- 
peal of said act of the second state Legislature approved Gebruary (February) 10, 
1915, shall not take effect until November 30, 1915, except as to the repeal of those 
provisions in said act with reference to the making of school estimates and levies. 

Sec. 12. That it is necessary for the preservation of the public peace and 
safety of the inhabitants of the State of New Mexico, that the provisions of this 
act shall become effective at the earliest possible time, and therefore an emergency 
is hereby declared to exist, and this act shall be in full force and effect from and 
after its passage and approval. 



CHAPTER 81. 

An Act Relating to the Certification of Teachers and Repealing Sec- 
tions 3 AND 4, Chapter 97, Laws of 1907. 

S. B. No. 103, as Amended; Approved March 18, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. State Elementary Teachers' Certificates. — The state board of 
education is hereby empowered to issue three grades of elementary teachers' 
certificates, to be known as first grade, second grade and third grade, re- 
spectively. The certificates shall be issued by said board of education upon 
examination in such subjects as it may elect, or upon the applicants presenting 
grades in the subjects as required by said board from any of the educational 
institutions of the state. The said examination shall be held at such times, at 
such places, and in such manner as said board deems most expedient. The 
examination for elementary teachers' certificates shall be conducted by the 
county superintendent under such rules and regulations as such board of edu- 
cation may prescribe. Upon the close of the examination the county superin- 
tendent shall forward the papers of the applicant to the superintendent of 
public instruction, who shall grade them, or cause them to be graded. The 
superintendent of public instruction is hereby authorized to employ such person 
or persons to assist him in grading the papers of applicants as he may judge 
competent. To pay the service of such person or persons twelve hundred 
($1200.00) dollars is hereby set aside annually, or so much thereof as is neces- 
sary, out of any funds not otherwise appropriated. The state auditor shall pay 
such persons for their services upon presenting recdpted bills approved by the 
superintendent of public instruction. Holders of elementary certificates shall 
be entitled to teach in any school district, independent district, incorporated 
town, city or village of the. state. A third grade certificate entitles the holder 
thereof to teach for one year, second grade two years, and the first grade three 
years, respectively. All certificates shall be void at the expiration of the 
term for which they were issued, but such certificates excepting third grade 
certificates may be renewed under regulations as the state board shall adopt. 
Teachers in incorporated tovms and villages must secure their certificates in 
accordance with the provisions of this act, but boards of education of in- 
corporated cities may issue teachers' certificates for such period of time and 
under such regulations as they may prescribe, but such certificates shall be 
valid only in the city whose board issue them. 



103 Session Laws of Kew Mexico. Chapter 82 

Sec. 2. State Professional Teachers' Certificates. — The state board of 
education is hereby authorized to issue state teachers' professional certificates 
to persons whom it may deem qualified by reason of moral character, academic 
scholarship, knowledge of the theory and art of teaching and actual practice 
in teaching. Holders of the certificates who possess a certificate of attendance 
upon some county normal institute or summer school as herein provided by law, 
shall be entitled, without further examination, to teach in any of the public 
schools of New Mexico for the period of time designated therein. 

The state board of education is hereby empowered to officially endorse 
teachers' certificates granted in States and other Territories, under such rules 
as it may prescribe ; and to grant certificates of the first, second and third grade 
to persons who have completed specified courses, approved by the state board 
of education, in New Mexico state educational institutions or other schools 
designated by said hoard; Provided, That upon graduation from St. Michael's 
College, located at Santa Fe, the holder of a diploma from the full course of 
study given by said institution shall be entitled to an elementary first grade 
certificate, which shall be recognized in all counties of the state as a legal 
certificate for the period of time designated therein. 

The State Board of Education shall have power to issue special certificates 
to teachers of Drawing, Music, Kindergarten or Primary subjects. Agriculture, 
Manual Training, Domestic Science, and Commercial Branches in the common 
or public graded or high schools of the state, under such regulations as the 
State Board of Education may adopt. 

Sec. 3. Sections 3 and 4 of Chapter 97 of the laws of 1907 [§§ 4810, 
4811] and all other acts and parts of acts in conflict herewith are hereby re- 
pealed. 



CHAPTER 82. 

An Act Relative to the State Board op Education and Repealing Section 
1 OF Chapter 97 of the Laws of 1907 and Section 4 of Chapter 121 op 
THE Laws of 1909. 

Senate Substitute for S. B. No. 108 ; Approved March 18, 1915. 

Be it Enacted 'by the Legislature of the State of New Mexico: 

Section 1. That the term of office of the five appointive members of 
the State Board of Education shall be five years: Provided, this act shall not 
be so construed as to affect the term of office of any present member of said 
board. 

Sec. 2. That said board shall meet at the office of the Superintendent of 
Public Instructions four times per year, at such times as it may elect, and upon 
call of the Governor or a majority of its members at such other times as the 
business of the board may require. The Governor shall be President of said 
Board but in his absence some other member of the board may be chosen as 
president pro tempore. 

Sec. 3. That the appointive members of said board shall receive five 
cents per mile for each mile actually and necessarily traveled by them from 
and to their respective place of residence for the purpose of attending each 
meeting of the board, and Five Dollars per day for each day of actual and 
necessary attendance upon such meetings, and upon the filing with the State 
Auditor of verified accounts therefor, same shall be paid out of the interest 
on deposits fund upon warrants drawn by said State Auditor upon the State 
Treasurer. 



Chapter 88 Session Laws of Kew Mexico. 3.04 

Sec. 4. That Section 1 of Chapter QJ of the Laws of 1907 [§ 4807] 
and Section 4 of Chapter 121 of the Laws of 1909 [§ 4807], and all laws in 
conflict herewith are hereby repealed. 

Sec. 5. That it is necessary for the preservation of the public peace and 
safety of the inhabitants of the State of New Mexico that the provisions of this 
act shall become effective at the earliest possible time and therefore an emer- 
gency is hereby declared to exist and this act shall take effect and be in full 
force and effect from and after its passage and approval. 

CHAPTER 88. 

An Act Concerning the Teaching of Spanish in the Public Schools. 

House Substitute for H. B. No. 198 ; Approved March 18, 1915. 

Be it Enacted by the Legislature 6f the State of New Mexico: 

Section 1. That Spanish as a separate subject shall be taught in any public 
elementary or high school in the state when a majority vote of the board of school 
directors or board of education in charge of such school shall direct. Provided, 
that the time devoted to such subject shall be such as shall be provided for by 
the state board of education. 

Sec. 2. That it is hereby made the duty of the state board of education to 
prepare an outline of a course of study in such subject and to prescribe text 
books therefor. 

■ Sec. 3. Except as herein provided, the books used and the instruction given 
in said schools shall be in the English language. Provided, that Spanish may be 
used in explaining the meaning of English words to Spanish-speaking pupils who 
do not understand English. 

Sec. 4. That it is necessary for the preservation of the public peace and 
safety of the inhabitants of the State of New Mexico, that the provisions of this 
act shall become effective at the earliest possible time, and therefore an emergncy 
is hereby declared to exist, and this act shall take effect and be in full force and 
effect from and after its passage and approval. 

CHAPTER 89. 

An Act Entitled An Act to Provide for the Training of Teachers for 
Rural Districts, and to Provide Funds Therefor. 

House Substitute for H. B. No. 199 ; Approved March 18, 1915. 

Be it Enacted by the Legislature of the State of New Mexico: 

Section 1. There shall be appointed annually on or before September first, 
by the Superintendent of Public Instruction of the State or in his absence or 
inability to act by his assistant, fifty teachers to be known as Student-teachers 
who shall be entitled to special training in any of the state Normal Schools which 
shall comply with the provisions of this Act. Such student-teachers as are 
eligible shall be appointed for one year but not more than six shall be appointed 
from any one county in any one year and no such student-teacher shall be 
eligible to reappointment. No such teacher, however, shall be appointed as 
such student-teacher without the endorsement of the superintendent of schools 
of the county or counties in which the applicant has taught. 

Sec. 2. To be eligible to such appointment, a teacher shall be able to speak, 
read and write fluently in both the Spanish and the English language, shall 
have taught for ten months upon a third grade certificate, shall be not less than 
18 years nor more than 25 years of age ; and shall have given evidence of possess- 
ing qualities which fit him or her to teach. No such teacher shall be so ap- 
pointed unless he or she gives a written pledge to attend the full term as herein 



105 Session Laws of Xew Mexico. Chapter 89 

provided and. to teach for two years in rural districts of the state after comple- 
tion of one year course for which the appointment is made. 

Sec. 3. Teachers possessing the qualifications set forth in this Act shall be 
appointed as student-teachers only to the Normal Schools of the state which 
shall meet the f oUlowing conditions : 

1. No entrance requirements shall be fixed for such student-teachers be- 
yond the certificate of appointment. 

2. A special department shall be maintained to be known as a ' ' Department 
for the Training of Teachers for Rural Schools,'' the courses for which shall 
be so planned by the faculty of the institution and approved by the State Board 
of Education as to enable such student-teachers, who have passed an examination 
for a third grade certificate, to do the work outlined. 

3. A supervisor shall be appointed to have charge of this department 
who is especially fitted for training teachers of rural schools, but the regular 
instructors of the institution may assist. Such department and supervisor shall 
be under the same regulations as other departments and instructors in the 
institution. 

4. The course of study for student-teachers appointed under this act shall 
include: A review of Elementary Subjects (Reading, Penmanship, Orthog- 
raphy, Language, Grammar and Composition, Arithmetic, Georgraphy, Physiol- 
ogy and Hygiene, United States History, Agriculture, Domestic Science, Draw- 
ing, Music, History and Civics of New Mexico, Spanish, Primary Methods, School 
Management and Elementary Pedagogy including observation and practice). 
The Spanish course to be taught to such student-teachers shall consist of Span- 
ish grammar, Spanish reading, Spanish orthography, Spanish composition and 
translating from English to Spanish and from Spanish to English. In the 
teaching of Spanish grammar to such student-teachers the following grammars 
are hereby recommended, to-wit ''Compendium of Grammar of the Spanish 
Language" (Compendio de Gramatica de la Lengua Castellana) by M. R. Navas; 
"New Compendium of the Spanish Grammar of Don Andres Bello, by Amable 
Gonzales Abin" (Nuevo Compendio de la Gramatica Castellana de Don Andres 
Bello, por Amable Gonzales Abin) and the Grammar of the Spanish Academy. 
In reading the Spanish readers by Luis F. Mantilla, from No. 1 to No. 3, and 
in the study of New Mexico History Read's Elementary History of New Mexico 
are hereby recommended. 

5. The course shall be so outlined that it shall be completed in not less 
than ten nor more than twelve months. 

6. In this course special attention shall be paid to the proper fitting of 
teachers to teach in the Spanish- American communities of the state. 

7. If such student-teacher successfully completes the cpurse of study as 
herein provided, the president of the institution to which the teacher has been 
appointed shall so certify to the State Board of Education and such student- 
teacher shall be entitled to receive a second grade certificate which shall authorize 
them to teach during the two ensuing scholastic years. 

Sec. 4. The sum of Fifteen Thousand ($15000.00) Dollars or, so much 
thereof as may be needed, is hereby appropriated to pay the expenses of such 
student-teachers in the respective institutions to which they may be appointed 
under the provisions of this Act for and during the term of their appointment 
or attendance at such institutions. 

Three Hundred Dollars ($300.00) shall be allowed each institution which 
such student-teachers attend, for each such student-teacher appointed as set 
forth in this Act, to pay actual and necessary expenses for board, books and 
school supplies, lodging, matriculation and tuition, while in attendance at such 
institution. The treasurer thereof shall forward to the auditor of the state the 
certificates of appointment of such student-teachers which certificates shall be 



Chapter 89 Session Laavs of New Mexico. 106 

vouchers for the payment of the above amount for each of such studen t- teachers ' 
in attendance, and the auditor shall drawn his warrant for such amount on the 
treasurer of the state in favor of the treasurer of any such institution entitled to 
receive such amount under the provisions of this act. All such warrants so 
issued shall be paid out of the state school building fund. The treasurer of any 
such institution shall pay out such money upon requisition of the president of 
such institution and each of such requisitions of the president shall be accom- 
panied by receipted bills showing such actual and necessary expenditures. All 
such requisitions together with such receipted bills, shall be filed and preserved 
in the records of the office of any such treasurer. Provided that the amount 
allowed to each student-teacher for the expenses for board and lodging shall not 
be less than Twenty Dollars ($20.00) per month and that any balance in the 
amount allowed each institution after all actual and necessary expenses for 
board, lodging, matriculation, books and school supplies for such students have 
been paid, shall become a part of the maintenance fund of such institution. 

Sec. 5. In the event that any such student-teacher, for any reason, fails 
to complete the course, another student-teacher may be appointed for the re- 
mainder of the term in his place, and no such student-teacher shall be allowed 
to change from one such institution to another during the term of his appoint- 
ment. 

Sec. 6. All Acts and parts of Acts in conflict herewith are hereby repealed. 

Sec. 7. It is necessary for the preservation of the public peace and safety 
of the inhabitants of the State of New Mexico, that the provisions of this act 
shall become effective at the earliest possible time, and therefore an emergency 
is hereby declared to exist, and this act shall take effect and be in force from and 
after its passage and approval. 



CHAPTER LIII. 

HOLIDAYS. 

Section 

2726 Arbor day. 

2727 Washington's birthday. 

2728 Columbus day. 

§ 2726. Arbor day. 

Section 1. The second Friday in March of each year shall be set apart and 
known as Arbor Day, to be observed by the people of this State in the planting 
of forest trees for the benefit and adornment of public and private grounds, places 
and ways, and in such other efforts and undertakings as shall be in harmony with 
the general character of the day so established: Provided, That the actual plant- 
ing of trees may be done on the day designated or at such other most convenient 
times as may best conform to local climatic conditions, such other time to be desig- 
nated and due notice thereof given by the several county superintendents of schools 
for their respective counties. 

The day as above designated shall be a holiday in all public schools of the 
State, and school officers and teachers are required to have the schools, under 
their respective charge, observe the day by planting of trees or other appropriate 
exercises. 

Annually, at the proper season, the governor shall issue a proclamation, call- 
ing the attention of the people to the provisions of this section and recommending 
and enjoining its due observance. The respective county superintendents of schools 
shall also promote by all proper means the observance of the day, and the said 
county superintendents of schools shall make annual reports to the governor of 
the State of the action taken in this behalf in their respective counties. 

Act of Feb. 16, '91; L. '91, C. 31, §§ 1, 2 and 3; C. L. '97. § 1625 a. 

§ 2727. Washington's birthday. 

Sec. 2. February twenty-second (Washington's birthday), may hereafter be 
observed by the public schools as a legal holiday. If any teacher or teachers in the 
rural districts and village schools shall have arranged beforehand a program of 
exercises by the pupils appropriate for the occasion for such day, the directors of 
such district shall not deduct any moneys from his salary because of his absence 
from active school duty on such day. 

Act of Mar. 19, '03; L. '03, C. 119, § 20. 

§ 2728. Columbus Day. 

Sec. 3. That to commemorate the discovery of America by Christopher Colum- 
bus, the twelfth day of October shall hereafter be a legal holiday, and shall be 
known as Columbus Day. 

Law by limitation; L. '12, C. 10, § 1. 



(107) 



§ 4616 Public Health 108 

AETICLE V. VACCINATION. 
Section 

4616 Vaccination. 

4617 Vaccination of school children. 

4618 Vaccination of school children — Payment. 

4619 Vaccination — Kules — Penalty — Vaccine. 

§ 4816. Vaccination. 

Sec. 34. The board of health shall make suitable provisions for the inoccu- 
lation of the inhabitants of the State with cow-pox vaccine under the direction of 
the county health officers. 

Act of Mar. 19, '03; L. '03, C. 103, § 21. 

§ 4617. Vaccination of school children. 

Sec. 35. It shall be the duty of the school superintendent of each county, 
to see that all children in his county, of school age, are vaccinated against small- 
pox, and to that end, each teacher of a public school shall see that the children in 
his district are successfully vaccinated or have been vaccinated within one year pre- 
vious, and it shall be unlawful for any child to attend school, or for any teacher 
to allow such child within any school house unless so vaccinated, or showing proper 
certificate that it has been vaccinated, such teacher shall make report of the num- 
ber of children whom they have caused to be vaccinated and those who have pre- 
sented certificates that they have been vaccinated, to the county school superintend- 
ent at the beginning of the school year and as often thereafter as they may deem 
necessary, together with the report of the names of any parents who refuse to al- 
low their children to be vaccinated, and any person who shall so refuse or neglect 
to have his or her children vaccinated in accordance with the law, shall be deemed 
guilty of a misdemeanor, and upon a report to that effect by the county superintend- 
ent, it shall be the duty of the sheriff or any constable whom he may designate, to 
arrest such person, and upon being convicted, he shall be fined not less than ten 
dollars ($10.00) nor more than one hundred dollars ($100.00), or imprisoned in 
the county jail, not exceeding one hundred days. These provisions shall apply to 
children and parents in incorporated cities, and towns, and the duties imposed upon 
county school superintendents are by this article made applicable to boards of edu- 
cation therein. 

Act of Mar. 19, '03; L. '03, C. 103, § 29. 

§ 4618. Vaccination of school children — Payment. 

Sec. 36. The vaccination provided for in the previous section, shall be done 
by the county health officer, or by his assistants and under his direction, and shall 
be paid for by the parents of such children, when they are able to do so, but in 
case of their inability to pay for the same by reason of poverty, the same shall be 
paid for by the board of education, or school directors of the several districts out 
of the school fund. 

Act of Mar. 19, '03; L. '03, C. 103, § 30. 

§ 4619. Vaccination — Rules — Penalty — Vaccine. 

Sec. 37. It shall be the duty of the board of health to make and enforce all 
necessary rules and regulations for the vaccination against small-pox of the adult 
population as well as of the children within school age, and enforce the same by 
proper orders, and if any adult person shall refuse or neglect to carry out any of 
the orders of the said board in that behalf, he shall be guilty of a misdemeanor and 
after conviction shall be punished as provided in section 4621. Vaccine matter 
shall be provided at the cost of the county, municipal corporation, board of educa- 
tion, or school trustees, as provided for other expenses. 

Act of Mar. 19, '03; L. '03, C. 103, § 31. 



EXTRACTS FROM THE STATE CONSTITUTIOiSr, RELATING TO EDU- 
CATION. (ADOPTED 1911 AND EFFECTIVE AFTER 
THE ADMISSION TO STATEHOOD, JAN. G, 1912.) 

The constitution adopted by the constitutional convention held at Santa Fe 
in October and November, 1910, was duly ratified by the people of New Mexico 
on January 21, 1911, and on February 24 was transmitted to Congress by the 
President, with his approval and with the recommendation that the same be 
approved by Congress. At an election held November 7, 1911, the constitution 
was ratified and went into effect on the formal proclamation of statehood, Jan. 6, 
1912. 

In substance the provisions of the proposed constitution relating to education 
are as follows : 

Article V. — Executive Department. 

Sec. 1. The executive department shall consist of a governor, * * * 
superintendent of public instruction, * * * who shall be elected for a term of 
four years, beginning on the first day of January next after their election. 

Sec. 2. Qualifications of superintendent of public instruction: a citizen of 
the United States ; at least thirty years of age ; resident of New Mexico at least five 
years; a trained and experienced educator. 

Sec. 12. Salary of superintendent of public instruction, $3,000 per annum. 

Article VII. — Elective Franchise. 

Sec. 1. All school elections shall be held at different times from other elec- 
tions. Women possessing the qualifications required of male electors shall be 
qualified electors at school elections; provided, woman suffrage shall be suspended 
in any school district in wliich the majority of the qualified voters present a peti- 
tion to the board of county commissioners against such suffrage. 

Sec. 2. Women possessing the qualifications required of male electors shall 
be eligible to hold the office of county school superintendent, school director, and 
member of a board of education. 

Sec. 4. No person shall be deemed to have acquired or lost residence by rea- 
son of his presence or absence * * * whi]e a student of any school. 

Article Till. — Taxation and Revenue. 

Sec. 4. Annual levy for state revenue, 4 mills, except for the support of edu- 
cational * * * institutions of the state. Maximum levy for state purpose for 
the first two years under this constitution, 12 mills; thereafter 10 mills. 

Sec. 13. No execution shall be issued against any * * * school district 
or board of education; or against any officer of any * * * school district or 
board of education upon any judgment against him in his official capacity, and for 
which the * * * school district or board of education is liable, but the same 
shall be paid out of the proceeds of a tax levy. 

Article IX. — State, County and Municipal Indebtedness. 

Sec. 1. No school district shall borrow money except for scliool buildings 
and grounds and only wdien approved by majority voting at election. 

Sec. 14. js^o * * * school district shall lend its credit or make any 
donation to any person, association, corporation, railroad, or any private enterprise. 

(109) 



Art. 12, § 1 Extracts from the Constitution 110 

Article XII. — Education. 

Sec. 1. A uniform system of public schools sufficient for and open to all 
children of school age shall be established and maintained. 

Sec. 2. The permanent school fund shall consist of the proceeds of sales of 
sections two, sixteen, thirty-two and thirty-six in each township; the proceeds of 
sales of all lands granted to the state without conditions; such portion of the 
proceeds of sales of lands of the United States within the state as has been or may 
be granted by Congress; also all other grants, gifts and devises made to the state, 
the purpose of which is not otherwise specified. 

Sec. 3. The schools, colleges, universities and other educational institutions 
provided for by this constitution shall forever remain under the exclusive control 
of the state, and no part of the proceeds arising from the sale of any school lands 
granted to the state or any other educational funds shall be used for the support 
of any sectarian, denominational, or private school, college or university. 

Sec. 4. All fines and forfeitures collected under general laws; the net pro- 
ceeds of property that may come to the state by escheat; the rentals of all school 
lands granted to the state, the disposition of which is not otherwise provided for by 
the terms of the grant or by act of Congress; and the income derived from the per- 
manent school fund, shall constitute the current school fund of the state. The 
legislature shall provide for an annual tax for the maintenance of the public 
schools, the proceeds of such tax levy to be added to the current school fund. The 
said fund shall be distributed among the school districts of the state in the propor- 
tion to the number of children of school age in each district. The legislature shall 
provide for the levy and collection of additional local taxes for school purposes. A 
public school shall be maintained for at least five months in every school district. 

Before making the distribution there shall be taken from the current school 
fund a sufficient reserve to be distributed among school districts in which the 
proceeds of the local tax, when levied to the limit allowed by law, plus the regular 
quota of current school funds allotted to said district, shall not be sufficient for 
maintaining school for the full period of five months and this reserve fund shall 
be so distributed among such districts as to enable each district to hold school for 
the said period. 

Sec. 5. Every child of school age and of sufficient physical and mental 
ability shall be required to attend a public or other school during such period and 
for such time as may be prescribed by law. 

Sec. 6. A state board of education is created, to consist of seven members. 
It shall have the control, management and direction of all public schools, under 
such regulations as may be provided by law. The governor and the state super- 
intendent of public instruction shall be ex-officio members of said board and the 
remaining five members shall be appointed by the governor, by and with the con- 
sent of the Senate; and shall include the head of some state educational institu- 
tion, a county superintendent of schools, and one other person actually connected 
with educational work. The legislature may provide for district or other school 
officers, subordinate to said board. 

Sec. 7. The principal of the permanent school fund shall be invested in the 
bonds of the state or territory of New Mexico, or of any county, city, town, board 
of education or school district therein. All losses from such funds, however occur- 
ring, shall be reimbursed by the state. 

Sec. 8. The legislature shall provide for the training of teachers in the 
normal schools or otherwise so that they may become proficient in both the English 
and Spanish languages, to qualify them to teach Spanish-speaking pupils and 
students. 

Sec. 9. No religious test shall ever be required of any teacher or student 
in any public school or state educational institution, and no teacher or student of 
such school or institution shall ever be required to attend or participate in any 
religious service. 



Ill Extracts from the Constitution Art. 12, § 10 

Sec. 10. Children of Spanish descent shall never be denied the right and 
privilege of admission in the public schools or other public educational institutions 
of the state, and they shall never be classed in separate schools, but shall enjoy 
equality with other children. 

Sec. 11. Territorial educational institutions- are confirmed as state institu- 
tions. 

Sec. 12. Accepts lands granted by enabling act and confirms same to the 
institutions named in said act. Divides lands granted for normal schools. 

Sec. 13. The legislature shall provide for the control and management of 
each of said institutions by a board of regents, for each institution, consisting 
of five members to be appointed by the governor, by and with the advice and con- 
sent of the Senate for a term of four years, and no more than three of whom shall 
belong to the same political party at the time of their appointment. The duties of 
said boards shall be prescribed by law. 

Article XIII. — Public Lands. 

Sec. 1. Such of school sections 2, 16, 32 and 36 as are not contiguous to 
other state lands shall not be sold within 10 j^ears for less than $10 per acre. 

Article XV. — Agriculture and Conservation. 

Sec. 1. There shall be a department of agriculture which shall be under the 
control of the board of regents of the College of Agriculture and Mechanic 
Arts, and the legislature shall provide lands and funds necessary for experimental 
farming and demonstrating by said department. 

Article XX. — Miscellaneous. 

Sec. 10. The legislature shall regulate the employment of children. 
Sec. 17. There shall be a uniform system of text-books for the public schools 
which shall not be changed more than once in six years. 

Article XXI. — Compact With the United States. 

Sec. 4. Provision shall be made for the establishment and maintenance of a 
system of public schools which shall be open to all the children of the state and 
free from sectarian control, and said school shall always be conducted in English. 

Section 4, Article XXII, of the Constitution provides : "All laws of the Ter- 
ritory of New Mexico at the time of its admission into the Union as a state, not 
inconsistent with this constitution, shall be and remain in force as the laws of the 
state until they expire by their own limitation, or are altered or repealed; and all 
rights, actions, claims, contracts, liabilities and obligations, shall continue and 
remain unaffected by the change in the form of government. 



INDEX 



Page 

Agriculture, 4818 11 

Agricultural Extension work, Ch. 29, L. 1915 95 

Alcoholic Drinks — effects to be taught, 4863-65 24 

Annual Report to County Superintendent, 4855 22 

Apportionment of funds, 4834 15 

Arithmetic, to be taught, 4843 19 

Assessment for taxes, 4906 33 

Attaching to other districts, 4840 17 

(See City, Town and Village Schools, 4877, p. 26). 
Attendance — 

Compulsory 4960, 4962 45 

Right of 4847 19 

Vaccination necessary 4617 108 

Bequests to, 4918 36 

Blind children, compulsory education, Ch. 33, L. 1915 96 

r Institute for (See State Institutions) 5105 78 

Bodies Corporate 4844 19 

Bonds — 

Advertising sale, 4902 31 

Authority for issue, 4901 31 

Boundaries of Districts marked, 4905 32 

Contractor may take, 4902 31 

County superintendent may order election, 4907 33 

County Superintendent to approve, 4902 31 

Denomination, 4902 , 31 

Election necessary, 4903 32 

Execution, 4902 31 

Interest, 4901 31 

Issue, election, 4902 31 

Maturity, 4902 31 

Period, 4901 31 

Place of payment, 4901 31 

Sale, 4902 31 

School House — • 

Borrowing money for construction, 4901, 4903 31, 32 

Issue for, 4901 31 

Use of proceeds, 4902 31 

Books for indigent children, 4961 46 

Boundaries — change, 4840 17 

To be marked, 4842, 4905 19, 32 

To coincide with precincts, 4905 32 

Cadet Companies, (Laws 1915, Ch. 91, p. 136). 
City, town and village schools — 

Annexation of territory for school purposes, 4877 26 

Annual report, 4892 28 

Bodies Corporate, 4878 26 

Bonds for school houses, 4903 32 

Election necessary, 4902 31 

Certificates of election, 4869 24 

City superintendent — employment, 4885 27 

(113) 



114 Index 

Clerks 

Bond, 4890 28 

Compensation, 4882 27 

Duties, 4889 ". 28 

Election, 4882 ^8 

Fee for sale of lots in townsite, 4929 (see 1915 Codification, p. 1422). 

Term of office, 4882 27 

Compensation of members of board, 4884 27 

Contracts for erection of buildings, 4893 29 

Corporate powers, 4878 26 

District Superintendent — 

Duties, 4886 28 

Employment, 4885 27 

Holding teachers' institutes, 4885 27 

Term, 4886 28 

Election, 4867, 4879 24, 26 

Date, 4868, 4869 24 

Bond issue, 4903 32 

Registration unnecessary, 4869 24 

Establishment, 4882 , 27 

Estimate of expense, L. 1915, Ch. 79, Sec. 4 100 

Exemption of property, 4895 29 

Expenditures — 

Bills necessary, 4893 29 

Over $200— contract necessary, 4893 29 

Flag to be displayed, 4861 23 

Flag to be purchased, 4860 23 

Free Common Schools established, 4876 26 

Gifts, 4918 36 

High schools — establishment, 4881 27 

Indebtedness— limit, 4903 32 

Meetings of board, 4891 28 

Members of boards — 

Not to be agents for selling school furniture, 4917 35 

Not to be interested in contracts, 4917 35 

Not to receive pay, 4884 27 

Qualifications, 4867, 4879 24, 26 

Non-residents — right of school attendance, 4859 23 

Offenses, 4856 22 

Officers — 

Chairman, 4882 27 

Election, 4881, 4882 27 

Pajrment of funds to unqualified teacher, 4815 10 

Personal property — powers concerning, 4878 26 

Powers, 4881 27 

President — 

Duties, 4887 28 

Election, 4882 27 

Property exempt from levy, 4895 29 

Real Estate — powers of board concerning, 4878 26 

Refusal to receive pupil on account of race, 4847 19 

Report to County Superintendent, 4838 16 

Rules and Regulations, 4881 27 

Sectarian doctrines not to be taught, 4894 29 

Schools — 

Term, 4876 26 

Who may attend, 4876 26 



Index 115 

School houses — 

Bond of contractor, 4917 35 

Contracts for Construction, 4893 29 

Erection by bond issue, 4903 33 

Lease, 4943 41 

Levy for, 4945 42 

Maintenance, 4943 41 

Powers concerning, 4943 41 

Purchase, 4943 41 

Superintendent of schools — 

Annual report, 4850 20 

Employment, 4886 28 

Tax levies. Laws 1915, Ch. 79, Sec. 4 100 

Teachers' certificates — issuance, 4810 8 

Term, 4868 24 

Term of school, 4876 26 

Towns and villages — 

Election day, 4871 .' 25 

Election — how conducted, 4872 25 

Members of Boards, 4870 25 

Powers, 4873, 4874 25 

Terms, 4871 25 

Treasurer, 4883 27 

Tuition fees, 4859 23 

Vacancies, 4880 27 

Vice-president — 

Election of, 4882 ; 27 

Duties of, 4888 28 

Women may hold office, 4967 47 

Census, 4857, 4858 22 

Change of boundary, 4840 17 

Clerks- 
Annual report, 4850, 4855 20, 22 

Election, 4854 21 

Fee for collecting poll tax, 4936 40 

Fee for sale of lot in townsite, 4929 38 

Compulsory attendance 4960, 4962 47, 48 

Consolidation, 4840 17 

Contest of election, 4852 20 

Contracts may be entered into, 4844 19 

Corners to be marked, 4842 19 

Constitution, extracts from 109, 110, 111 

County High Schools — 

Admission, 4965 47 

Apportionment of funds, 4969 48 

Board of education or directors to manage, 4966 47 

Bonds for school house, 4971 48 

Children to be admitted, 4965 47 

Commercial Science, 4972 48 

County Superintendent member of board, 4967 47 

Domestic science, 4972 48 

Election for establishment, 4964 47 

Elements of agriculture, 4972 48 

- Establishment, 4963 47 

Management, 4973 48 

Manual Training, 4972 48 

Petitions for establishment, 4963 47 

Qualifications for admission, 4965 47 



1 1 6 Index 

County High Schools — Continued. 

Rules and regulations, 4973 48 

School house, 4970 48 

Tax levies, 4968, 4969 48 

Teachers, 4973 48 

County School Superintendent — 

Accounts, 4836 , , ' 16 

Annual report — failure to make, 4839 17 

Apportionment of school funds, 4834, 4837 15, 16 

Attendance at office, 4835 16 

Bond- 
Amount, 4833 15 

Liability, 4893 17 

Bonds of school district, 4902 31 

County high school — member of board, 4967 47 

District directors — examination of account, 4835 16 

Duties, 4834 15 

Election, 4832 15 

Failure to perform duties, 4856, 4909 22, 33 

Oath, 4833 15 

Payment to unqualified teacher, 4815 10 

Payment of teachers, 4956 45 

Powers, 4834 15 

Report to superintendent of public instruction, 4838, 4841 16, 18 

Responsibility to superintendent of public instruction, 4822 12 

School fund — apportionment, 4837 16 

School houses, 4907, 4908 33 

Teacher's salaries — indorsement of warrant, 4956 45 

Term of office, 4832 15 

Time of taking office, 4832 15 

Visits to Schools, 4834 15 

Warrants — rejection, 4836 16 

Creation of New District — 

Appeal to County Commissioners, 4840 17 

Appointment of directors, 4841 18 

Directors, 4840 17 

Division of funds, 4840 17 

Notice, 4841 18 

Petition, 4840 17 

Current School fund^ — 

Apportionment, Laws 1915, Ch. 79, Sec. 2 100 

Deaf and dumb children — report, 5104 78 

Delinquent Taxes (1915 Codification, 5512, p. 1563). 

Directors — 

Chairman — election, 4854 21 

Contest of election, 4852 21 

Election, 4852 21 

Failing to call election, 4852 21 

Failure to make report, 4855 22 

Failure to perform duties, 4855, 4856, 4909 22, 33 

Meetings, 4835 16 

Oath of office, 4852 20 

Orders for payment of teachers, 4956 22 

Powers, 4854, 4855 21, 22 

Quorum, 4854 21 

Refusing to receive pupils on account of race, 4847 19 

Report to county superintendent, 4838 16 



Index 117 

Directors — Continued. 

Term, 4852, 4853 20, 21 

Vacancy, 4854 21 

Warrants for teachers' salaries, 4956 45 

Women may be, 4967 47 

Disorganization of districts, 4840 17 

Domestic science, 4818 11 

Elections — 

Ballots, disposition, 4852 20 

Calling, 4852 20 

Canvass of votes, 4852 20 

Contest, 4852 20 

Failure to call, 4852 20 

For creation of indebtedness, 4903 32 

Place, 4852 20 

Eesult — how certified, 4852 20 

Time, 4852 20 

Votes to be by ballot, 4852 20 

Eminent domain, 4846 19 

English language to be taught, 4843 19 

Establishment of school, 4843 19 

Failure to send children, 4961 46 

Flag, 4860, 4861 23 

Flag Day, 4860 * 23 

Forest reserve earnings, Ch. 38, L. 1915 97 

Funds (see school funds) 

Furniture, purchase, 4917 35 

General county school fund, 4934, 4935 39 

Geography to be taught, 4843 19 

Gifts, 4918 36 

Grammar to be taught, 4843 19 

High Schools— establishment, 4881 27 

High Schools, County, 4965-73 (See County High Schools) 46 

Historv of New Mexico, 4957, 4959 45 

History of United States to be taught, 4843, 4957 45 

Holidays, 2726, 2727, 2728 107 

(See Ch. 67, Sections 92, 93, Session Laws of 1915, p. 105). 
Incorporation of academies, etc., (See Codification 1915, §§ 1055-1061, p. 392.) 

Industrial Education, 4818 ''. 11 

Indebtedness — limit, 4903 32 

Insurance of school house, 4899 31 

Las Vegas Land Grant (see section 847, 1915 Codification). 

liquor licenses — apportionment, 4934 39 

Liquor and tobacco, selling or giving to minors (2916, Codification 1915). 

Lincoln Day, 4834, 4862 13, 23 

Management, 4855 •. 22 

Manual Training, 4818 11 

Map — 

To be filed, 4905 ' 32 

To be prepared, 4842 19 

Name, 4844 19 

Narcotics, effects to be taught, 4863, 4865 23, 24 

Non-residents, right of attendance, 4859 23 

Officers, removal from office (see sections, 3950-3985 in 1915 Codification). 

Orphan and indigent children, Ch. 36, L. 1915 97 

Pool, Minors not to play in saloon, (1915 Codification 2915, see also 1814, 
1815). 



118 Index 

Payments to unqualified teacher, 4815 10 

Petition, 4840 17 

Power to borrow money, 4901, 4903 31, 32 

Powers, 4844 19 

Property — 

How held, 4844 19 

Sale of — ^how to be made, 4919 36 

Purchase of furniture, 4917 35 

Qualifications of voters, 4852 21 

Constitution, Art. VII, Sec. 1 109 

Reading to be taught, 4843 19 

Peal estate — 

Limitation on amount, 4845 19 

Power to hold, 4845 19 

Refusal to receive pupil on account of race, 4847, 4848. 19, 20 

Report of county superintendent, 4956 45 

Residents — right to attend school, 4847 19 

Right of attendance, 4847, 4855 19, 22 

Sales of property — 

Limitation, 4919 36 

Ratification, 4919 " 36 

Saloons, location of in cities, (Ch. 28, L. 1915, p. 40). 
Saloon, Minor not to play pool in (2915, 1915 Codification). ' 

Scholastic year, 4838 16 

School building funds, 4911, 4916 33 

School day, definition, 4849 20 

School funds — 

Apportionment, 4834 15 

Failure to report, 4934 39 

Levy for, Laws 1915, Ch. 79, Sec. 1 100 

Payment to county treasurer, 4934 39 

School houses — 

Bond of contractor, 4917 35 

Borrowing money for, 4903 32 

Building from school district fund, 4908, 4910, 4917 33, 35 

Building from surplus fund, 4897, 4898 30 

Care, 4854 21 

Election for erection, 4907 33 

Insurance, 4899, 4900 31 

Leases, 4943, L. 1915, Ch. 79, Sec. 3 100 

Levy for, 4945, L. 1915, Ch. 79, Sec. 5 100 

Location, 4845 ^ 19 

Maintenance, L. 1915, Ch. 79, Sec. 3 100 

Meetings may be held in, 4854 21 

Powers over, 4943, L. 1915, Ch. 79, Sec. 3 100 

Purchase, 4943, L. 1915, Ch. 79, Sec. 3 100 

Purchase of Site, 4898 30 

Report of cost, 4917 35 

Sites on state lands, 5241 (see 1915 Codification, p. 1497). 

School grounds, borrowing money for, 4903 32 

School month, 4849 20 

Schools to be taught, 4842 ^ 19 

Seven months — minimum term, L. 1915, Ch. 79, Sec. 5 100 

Spanish may be taught, Ch. 88, L. 1915 104 

Special tax, 4905 32 

Spelling to be taught, 4843 19 



Index * 119 

State Board of Education — 

Business Colleges, 5000-5004 54 

Certificate for teachers, L. 1915, Ch. 81, Sees. 1, 3 103 

Compensation, 4807 7 

Correspondence Schools, 5000-5004 54 

Director of industrial education, 4819, 4821 11, 12 

Elementary Certificate, L. 1915, Ch. 81, Sec. 1 102 

Examination of teachers, L. 1915, Ch. 81, Sec. 1 102 

Meetings, Laws 1915, Ch. 82, Sec. 2 103 

Membership, L. 1915, Ch. 82, Sec. 1 103 

(See Constitution, Art. XII, Sec. 13). 

Organization, L. 1915, Ch. 82, Sec. 2 103 

Powers, 4809 7 

President, L. 1915, Ch. 82, Sec. 2 103 

Professional certificates, L. 1915, Ch. 82, Sec. 2 '. . . 103 

Records admissible, 4826 14 

Secretary, 4826 14 

School books — adoption, 4816 11 

Teachers' certificates 

Examination in New Mexico history and civics, 4957 45 

Examination in United States History and civics, 4957 45 

Issue, L. 1915, Ch. 81 ; 102 

Revocation, 4809, 4814 7, 10 

Taxation (Chapter 54, Laws 1915, p. 60.) 

(See also Chapter 74, p. 112, and chapter 79, p. 117, this volume). 

Teachers' Institutes — control, 4809 7 

Term, 4808 7 

Textbooks — 

Adoption, 4809, 4816 7, 11 

Contracts for, 4816 11 

Uniform courses of study, 4809 7 

State Educational Institutions — 

Museum of New Mexico, L. 1915, Ch. 19 94 

New Mexico College of Agriculture and Mechanic Arts, 5129, 5138 83 

(See also 5152, 5164, pp. 88-91, and 5165-5177, pp. 91-93). 

Cooperative agricultural extension work, Ch. 29, L. 1915 95 

New Mexico Institute for the Blind 78 

Compulsory education of the blind, Ch. 33, L. 1915 96 

New Mexico Military Institute, 5105 52 

New Mexico Normal School 49 

Railroad fares of students, Ch. 45, L. 1915 98 

Training of teachers for rural districts, Ch. 89, L. 1915 104 

New Mexico Normal University 49 

Railroad fares of students, Ch. 45, L. 1915 98 

Training of teachers for rural districts, Ch. 89 104 

New Mexico Reform School, 5107, 5110 78 

New Mexico School for Deaf and Dumb, 5101, 5104. ., 77 

New Mexico School of Mines, 5139 ' 86 

(See also 5152, 5164, pp. 88-91). 
Spanish-American Normal School — 

University of New Mexico, 5117-5128 81 

(See also 5152-5164, pp. 88-91, and 5165-5177, pp. 91-93). 
State Superintendent of Public Instruction — 

Annual report, 4825, 4838 13, 16 

Appointment of teachers for special training for rural districts, Ch. 89, 

L. 1915 104 

Assistant, 4827 14 



120 Index 

State Superintendent of Public Instruction — Continued. 

Attorney General, to be adviser, 4822 13 

Blanks, 4824 13 

Certificates — admissibility in evidence, 4828 14 

Compilation of school laws, 4829, 4831 14 

County school superintendents — powers over, 4822 12 

Delivery of record to successor, 4828 14 

Duties, 4822 12 

Enforcement of duties of school officers, 4909 33 

Lincoln day, 4824 ' 13 

Office at capitol, 4828 14 

Powers, 4822 12 

Reports to be preserved, 4823 13 

Rural Schools — supervision, 4822 12 

School laws— publication, 4824, 4829, 4831 14 

Supervision of rural and municipal schools, 4822 12 

Traveling expenses, 4823 13 

Visits to counties, 4823 13 

Studies to be taught, 4843 19 

Suits, 4844 19 

Surplus funds, 4896 30 

Taxation (see chapter on taxation and — 

Tax Levy — 

General, L. 1915, Ch. 79, Sec. 5 100 

Special, L. 1915, Ch. 79, Sec. 6 100 

Teachers — 

Attendance on institute, 4815 10 

Certificates (see State Board of Education) 

Complaint against, as to health, 4953 44 

Employment and payment, 4855, 4859 22, 23 

Examination — 

As to health, 4951, 4953 43, 44 

For certificates (see State Board of Education). 

In History of New Mexico, 4957 45 

In History of United States, 4957 45 

In industrial education, 4818 11 

Exempt from jury service (see 3088 of 1915 Codification). 

Failure to make report, 4956 45 

Health certificate, 4949, 4950 43 

Institutes, 4813 9 

Order for pajrment, 4956 45 

Payment in vacation, 4954 44 

Payment monthly, 4955 45 

Payment to unqualified person, 4815 10 

Qualifications, 4815 10 

Record, 4956 45 

Refusing to receive pupil on account of race, 4847 19 

Report to county superintendent, 4956 45 

Salaries, 49,54, 4955 44, 45 

Temporary permits, 4812 9 

Tubercular persons, 4948 43 

Warrant for payment, 4956 45 

Term, minimum seven months, L. 1915, Ch. 79, Sec. 5 100 

Textbooks (see state board of education). 

Use of unlawful books, 4816 11 

Tpwnsites (See section 5516, 1915 Codification). 

Tubercular persons not to teach, 4948 43 



Index 131 

Tuition fees, 4859 • 23 

Vaccination of school children (4617, 4618, in 1915 Codification, p. 1336).. . . 108 

Voters — qualifications, 4852 20 

Vouchers, 4851 20 

Warrants- — 

Not to be issued in excess of levy, 4855 22 

To bear interest, 4855 22 

^^0 may attend, 4855 22 

Writing, to be taught, 4843 19 



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